T^3 



New York Cable Address : " Richpatent, Newyork." 
Washington Cable Address : " Richards, Washington. 



STRICTLY PRIVATE.— FOR PATENT AGENTS AND SOLICITORS ONLY. 



^^^^^ 



UNITED STATES 



Patents, Designs, 



: trade marks ^copyrights 



^^(S^Pv* 



'3 RICHARDS & CO., 

^ PATENT AGENTS AND SOLICITORS, 

38, Broadway, New York, N. Y., 
Atlantic Building, Washington, D. C, 

£t UNITED STATES OF AMERICA. 



Enteied according to A&t of Congress, in the year 1S92, by Richards & Co., 
in the office of the Librarian of Congress, at Washington. 



New York Cable Address : " Richpatent, Newyork." 
Washington Cable Address : " Richards, Washington.' 



STRICTLY PRIVATE.— FOR PATENT AGENTS AND SOLICITORS ONLY. 



fticW. 



5 

1 



UNITED STATES 



I Patents, Designs, 



? TRADE MARKS ^COPYRIGHTS 




g RICHARDS & CO., 

^ PATENT AGENTS AND SOLICITORS 

':_' 38, Broadway, New York, N. Y., 

^ Atlantic Building, Washington, D. C, 

^ UNITED STATES OF AMERICA. 



Entered according to Act of Congress, in the year 1892, by Richards & Co., 
in the office of the Librarian of Congress, at Washington. 






X 



TO PATENT AGENTS. 



We take pleasure in offering to our foreign correspondents this 
little book on United States Patents, Designs, Trade Marks, Labels, 
Prints, and Copyrights. We have endeavored to present in it a very- 
brief but fairly complete statement of the law and practice in the 
United States, as it exists to-day upon these subjects, and in such 
a manner that the busy Patent Agent and Solicitor may readily 
avail himself of such information as it contains, and make it of 
practical assistance to him in the daily prosecution of his business. 

We are well aware that it leaves much to be desired, and that 
it might be improved upon in very many particulars. We cannot, 
however, at present take the time to prepare the more complete 
and ambitious work that we may, perhaps, publish in the future, 
and, as we cannot wholly fail to respond to the many demands 
received for a hand-book of this kind, we offer this in the hope 
that it may be of some little service to the profession. 

Yours very truly, 

RICHARDS & CO. 
New York, Feb. i, 1892. 



UNITED STATES 
PATENTS. 



WHO MAY BE PATENTEE. 

There are absolutely no restrictions whatever as to citizenship or nationality, age or sex. 
The applicant must, however, be one of the following persons : 

(a) The true and first inventor, meaning the actual inventor or discoverer of the thing 
invented, or 

(6) The executor or administrator of a deceased inventor. 

A patent may be issued to the assignee of the true and first inventor, but in this 
case all the application papers must be signed by the actual inventor, and an assignment 
recorded before the issue of the patent, containing a request that the Commissioner of 
Patents issue the patent, when granted, to the assignee. In no case is the assignee 
entitled to make application in his own name. 

Joint inventors may obtain a joint patent ; neither may apply for and obtain a patent 
separately. 

Patents may be issued to an inventor and his assignees jointly, by filing an assignment 
before the issue of the patent, containing a request to this effect. 

In case of the death of an inventor between the filing of an application and the issue of 
the patent, the patent will be issued to the legal representatives of such deceased inventor. 

Importers. — A mere importer, even though the true and first importer is not entitled to 
apply for a patent. 

PATENTABILITY OF INVENTIONS. 

Under the law there are eight requisites as to patentability. These may be briefly 
enumerated as follows : 

(a) An invention or discovery must actually have been made, and the applicant must be 
the true arid first inventor thereof, or, in case of a deceased inventor, the ^legal representative 
of such inventor. 

{b) The thing invented must be new and useful. 

(c) The invention must be either an art (which includes a method or process, whether 
chemical or mechanical), a machine, manufacture, composition of matter, or a new and use- 
ful improvement of either. 

(d) The thing invented must not have been known or used by others in this country 
before the applicant's invention thereof. 

(e) It must not have been patented or described in any printed publication in this or any 
foreign country before the applicant's invention or discovery thereof. 

(/) The invention must not have been in public use or on sale in the United States for 
more than two years prior to the application for patent therefor. 

(g) The invention must not have been abandoned to public use by the inventor ; i. e., 
when it can be proven that an inventor, after his invention is perfected, has acquiesced in 
its use by the public, and by such acquiescence abandoned his invention, concluding not to 
patent it, but to dedicate it to the public, he cannot afterward recall such abandonment by a 
subsequent application for patent. 

(/i) The inventor must file a formal application for patent, and pay the fees prescribed by 
law. 

PATENTS FOR INVENTIONS ALREADY PATENTED ABROAD. 

Patents may be procured for inventions already patented abroad, at any time thereafter, 
so long as the invention has not been in public use or on sale in the United States for more 
than two years prior to the filing of the application. The American patent need not, in such 
case, be restricted to the precise matter covered by the foreign patent, it may be made as 
broad as the actual invention. A foreign inventor may obtain a perfectly valid American 
patent even though his foreign patent is void. (See, however, " Limitation of Term by 
Foreign Patent)." 



6 UNITED STATES PATENTS. 

DATE, TERM, AND EXTENT OF PATENT. 

The patent dates from the day of its issue ; is granted for a term of seventeen years 
(subject to the limitations set forth in the next section) ; and gives the exclusive right to make, 
use, and vend the invention or discovery throughout all the United States and the territories 
thereof. The term of a patent cannot be extended except by way of a special act of Con- 
gress. Such extensions are costly, and are seldom or never granted. 

LIMITATION OF TERM BY PRIOR FOREIGN PATENT. 

Every patent granted for an invention which has been previously patented by the same 
inventor, or by another person with his knowledge or consent, in a foreign country, will be so 
limited as to expire at the same time with the foreign patent ; or, if there be more than one, 
at the same time with the one having the shortest unexpired term ; but in no case will it be 
in force more than seventeen years. An American patent is not, however, so limited by a 
foreign patent unless the foreign patent was taken out by the applicant for the American 
patent, or with his knowledge or consent, and further, the inventions must be identical, and 
the foreign patent claim as well as describe the same invention. It should be noted how- 
ever, that it has been held by the Courts that an invention covered by a domestic patent is 
the same as that covered by a foreign patent when the principle is the same, though it 
may have been improved ; and that a foreign patent limits the American whether it be an 
open or a secret patent. 

To have a limiting effect the foreign patent must actually have been in force or published 
as a patent before the issue of the American patent. It has been decided by the Courts that 
no English patent is complete until the complete specification has been enrolled ; that an 
English provisional specification is not a patent, and that this enactment does not apply to a 
case where a foreign patent is dated before the issue of the corresponding United States patent 
but not sealed nor published until afterwards, although it does apply to cases where the 
United States patent is granted after the foreign patent is sealed, upon an application filed 
before that event. 

Prior to the year 1889 it was held that a United States patent would expire with a prior 
foreign patent granted for a shorter term, even though the latter should be prolonged, but up 
to this time this important question had never been passed upon by the Supreme Court. This 
Court, the Court of final jurisdiction in this country, has now decided (Bate Refrigerator Co. 
v Hammond et al, 46, O. G. 689) that in case of a foreign patent granted for a term less than 
the maximum term allowed by law, but extended by one or more extensions to the full term, 
that when the statute under which the extensions are granted is in force when the United 
States patent is issued, and also when the foreign patent is applied for, and when by that 
statute the extension of the patent is a matter entirely of right, at the option of the patentee, 
on his payment of a required fee, and when the term of the foreign patent so extended is 
continuous and uninterrupted, that the United States patent will not expire at the expiration 
of the term for which the foreign patent was originally granted, but that it will live so long as 
the foreign patent continues to exist, — not however to exceed seventeen years at most. 

It has also been decided that there is nothing in the statute which admits of the view that 
the duration of the United States patent is to be limited by any lapsing or forfeiture of any 
portion of the term of a foreign patent by the non-observance of a condition subsequent, or the 
happening of a subsequent condition, imposed by the statute of the country granting such 
foreign patent, — such for example, as the failure to pay a tax, or to work the invention. 

THE APPLICATION. 

DOCUMENTS REQUIRED. 

A complete application is composed of the following parts: — 

(A.) Petition (with Power of Attorney if an attorney is appointed). 

(B.) Specification, with claims. 

(C.) Oath. 

(-£>.) Drawings (a drawing must be furnished if the invention can possibly be illustrated). 

(£.) A model or specimen, if required. 

The petition, power of attorney, specification, and oath must be in the English language. 
All documents, except the drawing, are required to be written or printed, on one side only, 
of good, strong, white paper, leaving a wide margin (preferably about two inches), upon the 
left hand of the page. 

NO EXAMINATION UNTIL COMPLETE APPLICATION FILED. 

An application for patent will not be placed upon the files for examination until all 
its parts, except the model or specimens, when required, are received by the Patent Office, 



UNITED STATES PATENTS. 7 

and all applications filed in an incomplete state, must be completed and prepared for exam- 
ination within two years after the filing of the petition, or they will be regarded as 
abandoned, unless it can be shown to the satisfaction of the Commissioner that such delay 
was unavoidable. 

EXECUTION OF DOCUMENTS. 

All documents except the drawing, must be signed by the inventor himself if he be alive. 
He cannot delegate to another by power of attorney or otherwise, the power to sign the 
documents for him, or in his stead. If the inventor be dead, these documents must be signed 
by the executor or administrator of such deceased inventor. 

EXECUTION IN BLANK NOT PERMISSABLE. 

We desire to particularly call the attention of our correspondents to the following rule 
of the Patent Office, (Rule 31— 1891). 

" Every application signed or sworn to in blank, or without actual inspection by the applicant of the 
petition and specification, and every application altered or partly filled up after being signed or sworn 
to, will be stricken from the files." 

It has been a somewhat general practice for patent agents in this country to receive 
from agents resident abroad, the petition, power of attorney, and oath, signed in blank, with 
a specification in a foreign language, and then to fill in such blanks, making and filing a 
translation of the specification sent. It will be seen from the above rule that this practice is 
indefensible, and that the proper procedure, if the foreign agent cannot prepare the docu- 
ments in English himself, is to forward a draft of the specifications, and have the transla- 
tion made before the inventor signs any of the papers. The translated specification, with 
the petition, power of attorney, and oath, properly filled out, can then be returned ready for 
execution by the inventor. The Commissioner of Patents has decided in a case where the 
specification was forwarded to an American agent, already prepared in the English language, 
but where the agent, on account of numerous interlineations and clerical errors, prepared and 
filed a corrected but exact, clean copy of the same, that such substitution was a clear viola- 
tion of the rule, and that he should have filed the copy that was actually sworn to by the 
inventor, and filed a clean copy afterward, as a substitute specification, if he so desired . It 
makes no difference whether the inventor can understand the English language or not; he must 
swear to the specification filed, and that he believes himself to be the original and first 
inventor of the invention described therein. If he does not read English, the contents of the 
specification should be made known to him before he executes the documents. 

(A.) THE PETITION (AND POWER OF ATTORNEY). 
The petition must: — 

(1.) be addressed to the Commissioner of Patents, 
(2.) must state the name and residence of the petitioner, 
(3.) must designate by title the invention sought to be patented, 
(4.) must contain a reference to the specification for a full disclosure of such in- 
vention, and 
(5.) must be signed by the applicant. 

(6.) Power of Attorney : — While the power of attorney is not one of the essential 
parts of an application as required by the Patent Office, as an inventor may, 
if he chooses, prosecute his own application, yet, as a matter of fact, it may 
be considered as an essential feature, as, owing to the intricacy of the 
practice in the United States Patent Office, few, if any, inventors have the 
requisite experience to prosecute their own applications. The power of 
attorney may be either a separate document or it may be incorporated with 
the petition, usually and preferably it is so incorporated. It should, how- 
ever, in either case give the following powers: — 
(a.) an appointment of attorney with full power of substitution and revocation, 

to prosecute the application, 
(3.) to make alterations and amendments therein, 
(c.) to sign the drawings, 
(d.) to receive the patent, and 

(<?.) to transact all business in the Patent Office connected therewith. 
The rules require that a power of attorney given to a firm or copartnership shall name 
the individual members thereof . Before any attorney, original or associate, will be allowed 
to inspect papers or take action of any kind with respect to an application, his power of 
attorney must be filed. 



8 UNITED STATES PATENTS. 

(B.) THE SPECIFICATION, AND CLAIMS. 

The Specification is a written description of the invention, and must be in such clear, 
full, and exact terms that any person skilled in the art or science to which the invention 
relates, may make, construct, compound and use the same. It must set forth the invention 
in such manner as to clearly distinguish it from other inventions and from everything that is 
old and well known ; it must explain the principle of the invention, and the best mode in 
which the applicant has contemplated applying that principle. 

If the Invention relates to a Machine the specification must clearly set forth the 
exact construction and operation of every part thereof, and of the machine as a whole. 

If the Invention relates to an Art or Process the specification must describe 
such art or process step by step, or act by act, clearly and precisely, and the operation of the 
art or process as a whole. 

If the Invention relates to a Composition of Matter the specification must 
enumerate the different materials entering into such composition, the proportions of each, the 
manner of combining them, and the essential qualities of the resulting combination. 

If the Invention relates to a New Article of Manufacture the specification 
must clearly describe such new product and the manner in which it is constructed. 

If the Invention relates to an Improvement the specification must particularly 
point out in what the improvement consists, and must by explicit language distinguish 
between what is old and what is claimed as new. 

The specification must conclude with a specific and distinct claim or claims of that which 
the applicant regards as his invention. 

When there are drawings the description must refer to the different views by figures, and 
to the different parts by letters or numerals (preferably the latter). 

Order of Arrangement. — The following order of arrangement should be observed in 
framing the specification : 

(a) Preamble stating the name and residence of the applicant, the title of the invention, 
and, if the invention has been patented in any country, the country or countries in which it 
has been so patented, and the date and number of each patent. 

(6) A general statement of the object and nature of the invention. 

(c) A brief description of each figure of the drawings (if there are drawings). 

(d) A detailed description (specification) of the invention. 
(<?) The claim or claims. 

{/) Signature of inventor. 

is) Signatures of two witnesses. 

The specification must be signed by the actual inventor if he be alive, if he be dead by 
his executor or administrator, and the signature must be attested by two witnesses. All 
names should be signed in full and legibly written. 

The Claim. — The office of the claim is to define the exact limits of the invention, and 
it is therefore the life of the patent so far as the inventor is concerned, for the thing patented 
is the thing claimed, and no more, whatever the patentee may suppose or assert that he has 
invented, or even if the thing claimed be less than the real invention. 

The importance of the claims, and the necessity that they shall be drawn as broad as the 
actual invention will be apparent. 

General Remarks Concerning Claims. — Every claim must set forth some art or 
instrument complete in itself, and capable of practical use. It must be for an operative 
means, and must state a concrete invention, not an abstraction. It must not cover a principle, 
nor be for the use of a natural force for a special purpose, although the special method of 
using it for such a purpose may properly be claimed. General truths and forces belong to all 
men and cannot be claimed. The claim must indicate the class of patentable inventions to 
which the claimed invention belongs ; must precisely define it, and clearly distinguish the 
exact features of novelty. It must correspond with the specification and drawings, and the 
invention claimed must be identical with the invention described. It cannot cover means 
substantially different from those described, even though they produce substantially the same 
result. 

In framing claims every element claimed must be clearly stated, not merely inferred, for 
vague claims are not allowable, and ambiguous claims are void and of no effect. 

Indefinite expressions such as "means," "mechanism," "connections," etc., should not 
usually be used, although their use may be proper when used to denote appliances which are 
not essential parts of the invention. 

Functional Claims. — A claim for an effect or function cannot be allowed. The means 
by which the effect is produced or the function performed must be specified, and the claim 
must be either for the physical structure, the combination of devices, or the method of 
operation. 



UNITED STATES PATENTS. 9 

Alternative Claims are not usually allowable. A patentee cannot claim an alterna- 
tive combination if the separate combinations will not each make an operative machine. A 
claim to only one or the other of two things, but to neither positively, is void. 

Equivalents should not be expressly claimed, for a claim covers all equivalents even 
though the inventor never thought of them. 

But One Invention May Be Claimed in a Single Application. — The claim 
must be confined to some single aiid distinct invention. The general rule is that every art 
or instrument complete in itself and capable of separate use constitutes a distinct inven- 
tion, and should be the subject matter of a separate application for patent. It follows 
therefore that a process and its product, unless the one is absolutely dependent upon the 
other, and inseparable in their nature, cannot be joined in a single application. A machine 
and its product cannot both be claimed in a single application if they are capable of use 
separately. If an article is not necessarily the result of the action of a machine, the appli- 
cations for patents for the article and machine should be separate. 

A claim for a generic invention may however, be joined in a single application with a 
claim for one species; but if more than one species are to be claimed, a separate application 
must be filed for each additional species or modification. 

Where several inventions are united to form one operative whole and are dependent upon 
each other, they may be claimed in one application. If they are not dependent upon each 
other and are capable of separate use, or can be used in another art or instrument, a separate 
application should be filed for each distinct invention. 

The Claim for a Combination must embrace specifically all of the essential elements 
necessary to produce a distinct and operative combination, and must at the same time be 
confined to the precise features of the invention that the inventor has created and described. 
Features not essential to the combination should not be introduced into the claim, for a 
claim that includes an element not co-acting as part of the combination is invalid. A claim 
for a combination should not include the connecting mechanism unless it is an element in 
the combination or is essential to the comprehension of what is claimed. Each of the ele- 
ments and sub-combinations, if new and patentable may be separately claimed as well as the 
combination as a whole. 

The Claim for an Art or Process, should enumerate each of the acts or steps of 
the process in the order in which they are employed, and should set them forth in such a 
manner as to identify them with the acts or steps described in the specification. A general 
claim for a process covers all ways of performing it, and if its elements possess equivalents, a 
general claim may cover it under all forms. Each step of a process, if a true sub-process, 
and a complete invention in itself, may also be covered by a separate claim, which may be 
joined in the same application with the claim for the art or process as a whole. 

The Claim for a Machine must be drawn to cover a specific piece of mechanism or 
apparatus. It must not be so drawn as to claim a mode of operation, a principle, an idea, a 
means of producing an effect, or an effect produced. If an invention does not embrace an 
entire machine, the parts invented must be distinctly claimed. Each subordinate piece of 
mechanism may be claimed, if new and patentable, even though it is not capable of use in 
any other connection. 

The Claim for a Composition of Matter. A composition of matter requires but 
a single claim, and in this the invention should be set forth by enumerating its elements, the 
mode of combination, and the essential qualities of the resulting combination. The claim 
need not set forth the precise proportions in which the ingredients are used, these may and 
must be set forth in the specification, but where the composition is formed of specific, known 
ingredients, the claim should mention all of them. 

The Claim for a Manufacture. A manufacture must be claimed as a new product, 
and must be claimed independently of the process of making it. It should be claimed by 
setting forth its essential qualities, and the mode of making it. The words "article of 
manufacture " have no particular significance or value in a claim, and neither aid nor impair 
its validity. 

The Claim for an Improvement upon a known art or machine must clearly state the 
exact improvement made, and must distinguish the new from the old. It is not sufficient 
that persons skilled in the art can distinguish the improvement from the original invention, 
the claim itself must show it. 

Defective Claims. — A patent may be valid in part if not as a whole. A claim is 
defective when it fails to completely and exactly define the invention, and is void when it 
claims more than belongs to the invention. An incomplete or defective claim may be cured 
by re-issue (see " Re-issues "), and an excessive claim may be cured either by a re-issue or a 
disclaimer. (See "Disclaimers"). Where several claims exist, the presence of a void 
claim does not affect the validity of those that are good, unless there has been an evident 
intention to mislead the public, or an unreasonable delay in curing the defects. 



io UNITED STATES PATENTS. 

(C.) THE OATH. 

The applicant must make oath (or affirmation) to the following facts : 

{a) That he verily believes himself to be the original, first and sole inventor (or in case of 
joint inventors, the original, first, and joint inventors) of the invention described in the speci- 
fication. 

(3) That the same has not been patented to him, or to others with his knowledge or con- 
sent in any country, or, if it has been patented, he must state under oath the countries in 
which it has been patented, and give the number and date of each patent. 

(c) That the same has not to his knowledge been in public use or on sale in the United 
States for more than two years prior to this application, and 

(d) That he does not know and does not believe that the same was ever known or used 
prior to his invention thereof. 

The oath must also state : 

{e) The full name and residence of the inventor, and 

(/) Of what country he is a citizen or subject. 

If the inventor be dead, the oath will be made by the administrator or executor, who 
will declare his belief that the party named as inventor was the original and first inventor, 
and the form of the oath will be changed to agree with the facts. 

Execution of Oath. — The oath must be signed by the applicant. It may be made 
before any minister, charge d'affaires, consul, or commercial agent holding commission 
under the Government of the United States, or before any notary public of the foreign 
country in which the applicant may be. 

The oath must be attested in all cases by the proper official seal of the officer before 
whom the oath or affirmation is made. When such officer is not provided with a seal his 
official character must be established by competent evidence, as by a certificate from a clerk of 
a court of record, or other proper officer having a seal. 

Additional or Supplementary Oaths Required in Certain Cases. — An additional 
or supplemental oath will be required in certain cases, such as the following : 

(i) The Commissioner may require an additional oath if the application has not been 
filed within a reasonable time after the execution of the original oath. 

(2) To cure any defects in the original oath, such as the omission of the declaration as to 
foreign patents. 

(3) If the applicant seeks to introduce, by amendment, any claim not substantially em- 
braced in the statement of invention and claims originally presented, and therefore not cov- 
ered by the original oath, he will be required to file a supplemental oath to the effect that 
the subject matter of the proposed amendment was part of his invention, and was invented 
before he filed his original application. 

(D.) DRAWINGS. 

The applicant is required by law to furnish a drawing of his invention whenever the 
nature of the invention is such that it can be illustrated by a drawing. The applicant is not 
permitted to elect whether he will furnish a drawing or not. 

The drawing must show every feature of the invention covered by the claims, and must 
be so full and clear that, if the invention is a simple one, no model will be needed. The 
drawings must also correspond in all essential points with the specification. 

When the invention consists of an improvement on an old machine, the drawing must ex- 
hibit, in one or more views, the machine itself, disconnected from the old structure, and also, 
in another view, so much only of the old structure as will suffice to show the connection of 
the invention therewith. 

Rules. 

The following rules are rigidly enforced, and any departure from them will be certain to 
cause the rejection of the drawings, and delay the prosecution of the application. 

Paper and Size. — All drawings must be made upon pure white paper of a thickness 
corresponding to three-sheet Bristol board. The surface of the paper must be calendered and 
smooth. 

The size of the sheets must be exactly 10 inches (25.4 cm.) wide by 15 inches (38.1 cm.) 
long (high). As many sheets may be used as may be necessary to show the invention fully, 
but the number of sheets must never be more than is absolutely necessary. Under the present 
practice, no drawing will be admitted, even for the purpose of examination, unless the sheet 
is of the correct size. 

Marginal Lines and Space for Heading. — A single marginal line must be drawn, 
all around, exactly one inch (2.55 cm.) from the edge of the sheet. One of the shorter sides 
of the sheet is regarded as its top, and measuring downwardly from the marginal line, a clear 



(A clear space of i% inches must be left here for the Heading 
and Title that is inserted by the Patent Office.) 




c _z>. 

ATTORNEYS 



Note :— The above illustrates a drawing- made in accordance with the rules. It shows, upon a scale about 
one-lialf that of the actual drawing, the relative proportions of the sheet, the margin, the blank space required to be 
left at the top of the sheet below the margin line, the spaces to be left for the signatures, etc. The drawing board 
upon which this is printed is a sample of bristol board as required and accepted by the Patent Office. 

According- to a recent decision, the Patent Office will no longer knowingly accept informal drawings or litho- 
graphs, even for the purpose of examination. All drawings must be hand made, with India ink, upon white, smooth 
surfaced drawing board equal in thickness to three-sheet bristol board. The sheets must measure exactly ten inches 
wide by fifteen inches high. The margin line must be drawn exactly one inch from the edge of the sheet. 



(A clear space of 1% inches must be left here for the Heading 
and Title that is inserted by the Patent Office.) 



■i' i'Iii 




Note :— The above illustrates a drawing made in accordance with the rules, where the figure, on account of its 
size, is placed lengthwise of the sheet. It will be observed ihat all requirements as to size of sheet, margin, space 
lor heading, and space for signatures, are the same as for other drawings, and that the spaces are to be left at the 
same relative positions upon ihe sheet. 

See note at the bottom of the preceding page. 



UNITED STATES PATENTS. n 

space of not less than i% inches (3.2 cm.) must be left blank for the heading, which is inserted 
by the Patent Office. Care must be taken that no portion of the drawing trespass within this 
space. Space for the signatures should be reserved at the bottom of the sheet above the 
marginal line. 

Large Views. — When views are larger (broader) than the width of the sheet, the sheet 
should be turned on its side. In this case space for the heading will be reserved at the right, 
and for the signatures at the left of the sheet, occupying the same position as in the upright 
views, and being horizontal when the sheet is held in an upright position, that is to say, these 
spaces for heading and signature always occupy the same positions on the sheet, whichever 
way the drawing itself may be placed. 

Position of Views. All views (and reference letters) on the same sheet must stand in 
the same direction. 

Ink, Character and Color of Lines. — All drawings must be made with the pen only. 
Every line and letter must be absolutely black. India ink alone must be used, to secure per- 
fectly black and solid lines. All lines must be clean, sharp, and solid, and they must not be 
too fine or crowded. This rule applies to all lines, however fine, to shading, and to lines 
representing cut surfaces in sectional views. 

Drawings should be made with the fewest lines possible consistent with clearness. Sur- 
face shading when used, should be open. Sectional shading should be made by oblique paral- 
lel lines, which may be about one-twentieth of an inch apart. Shading (except upon sectional 
views) should be used only on convex and concave surfaces, where it should be used sparingly, 
and even there may be dispensed with if the drawing is otherwise well executed. Imitations 
of wood or surface graining should not be attempted. 

The light is always supposed to come from the upper left hand corner at an angle of forty- 
five degrees. Heavy lines on the shade sides of objects should be used, except where they 
tend to thicken the work and obscure the letters of reference. 

The plane upon which a sectional view is taken should be indicated upon the general view 
by a broken or dotted line. 

Scale of Drawing. The scale upon which the drawing is made need not be indicated 
upon the drawing. It should be large enough, in all cases, to show the mechanism without 
crowding. 

Letters and Figures of Reference. The different views should be consecutively 
numbered. If the same parts of an invention appear in more than one view it must always 
be represented by the same reference character. The same reference character should never 
be used to designate different parts, even in different views. Either letters or numerals may 
be used as reference characters. All letters and figures of reference must be carefully formed. 
They should measure at least one-eighth of an inch in height, and may be much larger when 
there is sufficient room. They must be so placed as to clearly indicate to what parts they refer, 
and at the same time so as never to interfere with the thorough comprehension of the parts 
themselves. When necessarily grouped around a certain part, they should be placed at a little 
distance therefrom, where there is available space, and be connected by short broken lines with 
the parts to which they refer. They must never appear upon shaded surfaces, and when it is 
difficult to avoid this, a blank space must be left in the shading where the letter occurs, so 
that it shall appear perfectly distinct and separate from the work. 

Lithographs. Lithographs will never be accepted under any circumstances, and it is 
useless to send them. A lithograph drawing if formal in other particulars, may be accepted 
for the purposes of examination, but in such case a formal drawing will be required, and 
must be furnished before the application will be allowed. 

Signatures. The inventor need not, and preferably should not, sign the drawing, as this 
can be signed by the attorney under power, but if signed by the inventor, his signature should 
be placed at the lower right-hand corner of the sheet, and the signatures of two witnesses at 
the lower left-hand corner, all above and within the marginal line, but in no case should they 
trespass upon the drawings. 

Advertisements Not Permitted. — No advertisement of any nature, or agent's or 
attorney's stamp, or written address, will be permitted upon the face of the drawing, either 
within or without the marginal line. 

Drawings for Re-issue Applications.: — Drawings for re-issue applications must be 
made upon the same scale as the original drawings, or upon a larger scale, unless a reduction 
of scale shall be authorized by the Commissioner. 

(E.) MODEL OR SPECIMEN. 

A model will only be required or admitted as a part of the application when on examin- 
ation of the case the Examiner shall find it to be necessary or useful. In such case, the 
examiner will notify the applicant of such requirement, which will constitute an official action 



12 UNITED STATES PATENTS. 

in the case. When a model is required the examination will be suspended until it shall have 

been filed. 

Under the present practice of the Patent Office models are only required : 

(a.) When the invention cannot be clearly and fully understood from the specifications 
and drawings filed. 

(5.) When it is believed that the alleged invention is inoperative. 

Models are now required in all cases where the invention relates to " perpetual motion " 
or devices for "increasing power," before any examination will be made as to novelty. 

Requisites of Model. — The model must clearly show every feature of the invention, 
but should not include other matter than that covered by the actual invention or improvement, 
unless it be necessary to the exhibition of the invention in a working model. 

The model must be neatly and substantially made of durable material, metal being deemed 
preferable ; but when the material forms an essential feature of the invention, the model will 
be constructed of- that material. The model must not be more than one foot in length, width, 
or height, except in cases in which the Commissioner shall admit working models of compli- 
cated machines of larger dimensions. If made of wood, it must be painted or varnished. 
Glue must not be used ; but the parts should be so connected as to resist the action of heat 
or moisture. When practicable, to prevent loss, the model or specimen should have the name 
of the inventor permanently fixed thereon. In cases where models are not made strong and 
substantial, as here directed, the application will not be examined until a proper model is 
furnished. 

Specimen. — If the invention or discovery is a composition of matter, the Commissioner 
may call upon the applicant to furnish specimens of the composition, and of its ingredients, 
sufficient in quantity for the purpose of experiment. This requirement is, however, seldom 
made. 

THE EXAMINATION AND PROSECUTION OF THE APPLICATION. 

The examination of applications is conducted by thirty-tv»o principal (primary) exam- 
iners, each in charge of certain classes of inventions, assisted by thirty-four first, thirty-eight 
second, forty-three third and fifty-three fourth assistant examiners, and numerous clerks and 
copyists. 

Upon the receipt of the application at the Patent Office it is first entered of record in the 
office of the Chief Clerk. The Financial Clerk sees that the first government fee of fifteen dol- 
lars is paid ; the Application Clerk that all formalities as to signatures and the oath have been 
properly complied with ; the Chief Draughtsman that the drawing is made in conformity to the 
rules. If the application is not complete and correct in these particulars the papers are 
returned for correction ; if found correct the application receives a filing date and serial num- 
ber, and is then sent to the examiner in charge of the class of inventions to which it belongs, 
and a receipt is forwarded to the applicant stating the filing date and the number of the 
application, and that it "will be taken up for examination in its order." Inventions are 
classified in two hundred and three general classes, which are again subdivided into more than 
four thousand sub-classes. An application will be reached for examination in from one to six 
months or more after it has been filed, some examiners being further behind in their work 
than others. 

EXAMINATION AS TO FORM. 

The first step in the examination is to determine whether the application is in all 
respects in proper form. All the parts of the application are subjected to a rigid scrutiny and 
all errors or omissions must be cured by amendment. If the technical terms employed are 
not correct they must be changed. If more than one invention is claimed, a division of the 
application is demanded, in which the inventor is required to limit his claims to a single 
invention. He may in such case file separate applications for the matter eliminated, if he 
wishes to do so. If the drawing is not sufficiently full to clearly show the invention, addi- 
tional views will be called for. If the specification is faulty, or does not fully describe the 
invention it must be revised and made complete. If the claims are not properly drawn they 
must be revised and corrected. 

EXAMINATION AS TO NOVELTY. 

The examiner then proceeds to examine the case as to its merits, i. e., to determine 
whether the invention is new and useful. These examinations are usually very thoroughly 
conducted. The drawings of all prior patents in the class to which the invention belong.-, and 
those in other classes, where there is a possibility that there may be any analogy, are care- 
fully compared with those of the pending application. Not only prior United States pat- 
ents, but the prior patents of all countries, and also the printed publications in the Patent 
Office Library are examined. The result of the examination is communicated to the applicant 



UNITED STATES' PATENTS. 13 

through his attorney, and in the great majority of cases consists of a rejection, or partial re- 
jection of the claims presented, with the reasons therefor, and such information, and refer- 
ence to prior patents or publications as will be useful to the applicant in the further prosecu- 
tion of the application. 

A REJECTION IS NOT A FINAL REFUSAL OF A PATENT. 

It should be noted here that such a rejection is not a definite and final refusal to grant a 
patent. The examinaton is made with more particular reference to what is claimed than 
what is shown in the application, and while the invention itself may be entirely new and 
novel, and therefore patentable, the examiner may properly reject the claims presented for 
the reason that they are so worded that they describe old and well known devices as well as 
they do the applicant's invention. It frequently happens that an examiner rejects an appli- 
cation upon reference to a patent, the substance of which he considers to be entirely differ- 
ent from the applicant's invention, because the applicant's claims cover matter which is shown 
in a prior patent or has been described in some printed publication. 

RIGHT TO AMEND. 

The applicant has |a right to amend before or after the first rejection or action ; and he 
may amend as often as the examiner presents new references or reasons for rejection. In so 
amending, the applicant must clearly point out all the patentable novelty which he thinks 
his invention presents in view of the state of the art disclosed by the references cited, or the objec- 
tions made. He must also show how the amendments avoid such references or objections. 

The object of such amendments is, of course, to correct errors and omissions in the spec- 
ification and drawings, and to limit the claims to the precise features of novelty contained in 
the invention, and this right to amend is one of the most valuable features of the United 
States patent law and practice. The examiner having rejected the claims of an application upon 
reference to prior patents or publications, it becomes incumbent upon the applicant to over- 
come these objections by revising his specifications and claims so as to point out sharply and 
clearly the features of novelty in his invention, and to avoid claiming that that is old and 
well known as shown in the references cited. This may be done in most cases by re-writing 
the claims. Oftentimes the change of one or two words in a claim will be sufficient, and 
cause the examiner to allow it, when otherwise he would not. In other cases a portion of, or 
the entire specification and claims must be rewritten, and perhaps the drawings amended. 
Great skill is required to so word the claims that they shall clearly identify the invention and 
separate it from all prior ones, and at the same time make the claims as broad as the inven- 
tion. Such an amendment having been filed, the examiner again takes up the application for 
consideration and continues his examination. He may, and usually does find and cite new 
references, or objections, and additional amendments are required to overcome them. In this 
way from one to a dozen or more letters are written by the examiner, and as many amend- 
ments filed before the case is disposed of by an allowance of the patent or a final rejection of 
the application. A rejection is not final until the examiner has twice rejected the same claim 
upon the same references or same state of facts. 

ALLOWANCE AND ISSUE OF PATENT. 

When the examination shows that the applicant is justly entitled to a patent for the in- 
vention as claimed by him, the examiner " allows " the patent, and notice of such allowance 
is mailed to the applicant through his attorney. The inventor can then pay the final govern- 
ment fee of $20, at any time within six months from the date of the allowance. All patents 
are issued upon the third Tuesday after the first Thursday following the day upon which the 
final fee is received at the Patent Office. The intervening time is employed in preparing the 
patent, printing the specification, and photo-lithographing the drawings. 

RENEWAL OF FORFEITED APPLICATIONS. 

A forfeited application is one upon which a patent has been withheld because of failure to 
pay the final fee within the prescribed time. 

"When the patent has been withheld by reason of non-payment of the final fee, any per- 
son, whether inventor or assignee, who has an interest in the invention for which such patent 
was ordered to issue, may file a renewal of the application for the same invention ; but such 
second application must be made within two years after the allowance of the original applica- 
tion. Upon the hearing of such new application abandonment will be considered as a ques- 
tion of fact. 

In such renewal the oath, petition, specification, drawing, and model of the original ap- 
plication may be used for the second application ; but a new fee will be required. The 



i 4 UNITED STATES PATENTS. 

second application will not be regarded for all purposes as a continuation of the original one, 
but must bear date from the time of renewal, and be subject to examination like an original 
application. 

APPEALS. 

INTERLOCUTORY APPEALS AS TO QUESTIONS OF FORM. 

Any proper question, which has been twice acted upon by the examiner, and which does 
not involve the merits of the invention claimed, or the rejection of a claim, may be appealed 
directly to the Commissioner of Patents. No government fee is required for such a petition. 

Such an appeal may also be taken if the primary examiner refuses to admit an 
amendment. 

APPEALS TO THE EXAMINERS-IN-CHIEF. 

Every applicant for a patent, any of the claims of whose application have been twice 
rejected for the same reasons, upon grounds involving the merits of the invention, such as 
lack of invention, novelty, or utility, or on the ground of abandonment, public use or sale, 
inoperativeness of invention, aggregation of elements, incomplete combination of elements, or 
when amended, for want of identity with the invention originally disclosed, or because the 
amendment involves a departure from the invention originally presented ; and every appli- 
cant for the re-issue of a patent, whose claims have been twice rejected for any of the reasons 
above enumerated, or on the ground that the original patent is not "inoperative or invalid," 
or if so inoperative or invalid that the errors which rendered it so did not arise from " inad- 
vertence, accident, or mistake," may appeal from the decision of the primary examiner to the 
examiners-in-chief. The appeal must set forth in writing the points of the decision upon 
which it is taken, and must be signed by the applicant or his duly authorized attorney or agent. 

There must have been two rejections of the claims as originally filed, or, if amended 
in matter of substance, of the amended claims, and all the claims must have been passed upon, 
and all preliminary and intermediate questions relating to matters not affecting the merits of 
the invention settled, before the case can be appealed to the examiners-in-chief. 

Upon the filing of the appeal the same is submitted to the primary examiner, who, if he 
finds it to be regular in form, furnishes the examiners-in-chief with a written statement of the 
grounds of his decision on all the points involved in the appeal, with copies of the rejected 
claims, and with the references applicable thereto. If the primary examiner decides that the 
appeal is not regular in form, a petition from such decision may be taken directly to the 
Commissioner. 

The appellant before the day of hearing is required to file a brief of the authorities and 
arguments on which he will rely to maintain his appeal. 

If the appellant desires to be heard orally before the examiners-in-chief, he must so indi- 
cate when he files his appeal; a clay of hearing will then be fixed, and due notice of the same 
given him. 

In contested cases the appellant has the right to make the opening and closing arguments, 
unless it shall be otherwise ordered by the tribunal having jurisdiction of the case. 

The examiners-in-chief then hear the appeal, and in their decision affirm or reverse the 
decision of the primary examiner on the points on which appeal has been taken. 

Should they discover any apparent grounds not involved in the appeal for granting or re- 
fusing letters patent in the form claimed, or in any other form, they will annex to their decis- 
ion a statement to that effect, with such recommendation as they shall deem proper. 

From an adverse judgment of the primary examiner on points embraced in the recom- 
mendation annexed to the decision, appeal may be taken on questions involving the merits to 
the board of examiners-in-chief and on other questions to the Commissioner, as in other cases 

FROM THE EXAMINERS-IN-CHIEF TO THE COMMISSIONER OF PATENTS. 

From an adverse decision of the board of examiners-in-chief, appeal may be taken to the 
Commissioner in person, who will hear and render decision upon the question in issue. 

FROM THE COMMISSIONER OF PATENTS TO THE SUPREME COURT OF 
THE DISTRICT OF COLUMBIA. 

From an adverse decision of the Commissioner upon the claims of an application an 
appeal may be taken to the Supreme Court of the District of Columbia sitting in banc. On 
taking such appeal, the applicant is required, under the rules of the court, to pay to the clerk 
of the court a docket-fee, and he is also required by law to lay before the court certified copies 
of all the original papers and evidence in the case. The petition should be filed and the fee 



UNITED STATES PATENTS. 15 

paid at least ten days before the commencement of the term of court at which the appeal is 
to be heard. 

Hearings of the appeal are subject to the rules of the court as provided for other causes 
therein. 

APPEALS IN INTERFERENCE CASES. 

In interference cases parties have the same remedy by appeal to the examiners-in-chief 
and to the Commissioner as in ex parte cases; but no appeal lies in such cases from the decis- 
ion of the Commissioner. Defeated contestants in interferences may, however, have remedy 
by bill in equity. 

Appeals in interference cases must be accompanied by brief statements of the reasons 
therefor; and parties will be required to file briefs of their arguments before the day of hear- 
ing. 

Printed briefs are required in all cases. 

RE-ISSUES. 

Whenever an original patent is inoperative or invalid by reason of a defective or insuffi- 
cient specification, or by reason of the patentee claiming as his invention or discovery more 
than he had a right to claim as new, provided the error has arisen through inadvertence, acci- 
dent, or mistake, and without any fraudulent or deceptive intention, the original patent may 
be surrendered and a new or re-issued patent will be issued in place thereof. The sole pur- 
pose of a re-issue is to correct faults of statement in the description and claim of the original 
patent. A re-issue cannot claim either another invention or a broader invention than the one 
attempted to be described and claimed in the original patent; nor can it claim matter expressly 
or impliedly excluded from the invention by the original patent; nor, can a claim rejected by 
the Patent Office, and the rejection acquiesced in, be re-instated by a re-issue. A mistake of a 
Solicitor in procuring a patent with claims narrower than he was instructed to make cannot be 
cured by re-issue after years of delay. A claim can be enlarged in a re-issue only when an 
actual mistake has occurred, not from a mere error of judgment, but a real bona fide mistake, 
inadvertently committed, such as a court of chancery in cases within its ordinary jurisdiction 
would correct, and the application for the re-issue must be filed within a reasonable time. 
Under the present decisions of the courts the application for a re-issue, if the only object is to 
enlarge the claims, must not be delayed long after the issue of the original patent. In Ives 
v. Sargent, 38 O. G. 781, it was held that an excuse for a delay longer than two years must 
be clearly shown; in Arnheim v. Finster, 34 O. G. 700, that where the error, if any, is appa- 
' rent and the articles claimed in the re-issue have gone into the market, twenty-two months is 
too long a delay; and in Coon v. Wilson, 30 O. G. 889, that a delay of three months in apply- 
ing for a re-issue is unreasonable when the defect is clear and other claimants intervene, if 
the only object is to enlarge the original claims. A void patent cannot be re-issued to cure 
defects. 

WHO MAY OBTAIN A RE-ISSUE. 

A re-issue will be granted to the original patentee, his legal representatives, or the as- 
signees of the entire interest, but the application must be made, and the specification sworn 
to by the inventor, if he be living. 

THE APPLICATION FOR A RE-ISSUE. 

A complete application for the re-issue of a patent consists of the following parts : 

(1.) A Petition (with Power of Attorney, if an Attorney is appointed). 

(2.) Specification with Claims. 

(3.) Drawing, if the invention can be illustrated. 

(4.) Oath. 

(5.) An abstract of title. 

(6.) The original patent. 

The petition for a re-issue must be accompanied by a certified copy of the abstract of title, 
giving the names of all assignees owning any undivided interest in the patent. In case the 
application be made by the inventor, it must be accompanied by the written assent of such as- 
signees. All the owners of the patent must concur in the surrender either by consent or rati- 
fication. 

NEW MATTER NOT ALLOWED. 

New matter is not allowed to be introduced into the re -issue specification, nor in case 
of a machine can the model or drawings be amended except each by the other; but when there 
is neither model nor drawing, amendments may be made upon proof satisfactory to the Com- 



16 UNITED STATES PATENTS. 

mission er that such new matter or amendment was a part of the original invention and was 
omitted from the specification by inadvertence, accident, or mistake. 

THE OATH REQUIRED. 

Applicants for re-issue, must file with their petitions a statement on oath as follows : 

(i.) That applicant verily believes the original patent to be inoperative or invalid, and 
the reason why. 

(2.) When it is claimed that such patent is so inoperative or invalid " by reason of a de- 
fective or insufficient specification," particularly specifying such defects or insuffi- 
ciencies. 

(3.) When it is claimed that such patent is inoperative or invalid " by reason of the paten- 
tee claiming as his own invention or discovery more than he had a right to claim as 
new," distinctly specifying the part or parts so alleged to have been improperly 
claimed as new. 

(4.) Particularly specifying the errors which it is claimed constitute the inadvertence, 
accident, or mistake relied upon, and how they arose or occurred. 

(5.) That said errors arose " without any fraudulent or deceptive intention" on the part 
of the applicant. 

EXAMINATION. 

An original claim, if reproduced in the re -issue specification, is subject to re-examination, 
and the entire application will be revised and restricted in the same manner as original appli- 
cations. 

SURRENDER OF ORIGINAL PATENT. 

The application for a re-issue must be accompanied by a surrender of the original patent, 
or, if that be lost, by an affidavit to that effect, and a certified copy of the patent ; but if a 
re-issue be refused, the original patent will, upon request, be returned to the applicant. 

INTERFERENCES. 

An interference is a proceeding instituted in the Patent Office for the purpose of deter- 
mining the priority of the inventive act between two or more parties claiming substantially the 
same patentable invention. The intent of the law is that a patent shall be granted to the first 
and original inventor. Where there are rival claimants for the same invention it becomes the 
duty of the Patent Office to ascertain which of the claimants is the true and first inventor. 
To determine this fact a judicial proceeding is instituted in which each of the claimants is re- 
quired to prove the date upon which he conceived the invention, each of the parties having 
the right to be heard by evidence and argument in defense of his own claims and in opposition 
to the claims of his opponents. When all the testimony has been taken the examiner of in- 
terferences passes upon the evidence and declares which of the claimants appears to be the 
true and first inventor and is entitled to a patent. This judicial proceeding is called an 
Interference. 

WHEN DECLARED. 

Interferences will be declared in the following cases, when all the parties claim sub- 
stantially the same patentable invention : 

(1.) Between two or more original applications containing conflicting claims. 

(2.) Between an original application and an unexpired patent containing conflicting 
claims, when the applicant, having been rejected on the patent, shall file an affidavit 
that he made the invention before the patentee's application was filed. 

(3.) Between an original application and an application for the re-issue of a patent granted 
during the pendency of such original application. 

(4.) Between an original application and a re-issue application, when the original appli- 
cant shall file an affidavit showing that he made the invention before the patentee's 
original application was filed. 

(5.) Between two or more applications for the re-issue of patents granted on applications 
pending at the same time. 

(6.) Between two or more applications for the re-issue of patents granted on appli- 
cations not pending at the same time, when the applicant for re-issue of the later 
patent shall file an affidavit showing that he made the invention before the applica- 
tion was filed on which the earlier patent was granted. 

(7.) Between a re-issue application and an unexpired patent, if the original applications 
were pending at the same time, and the re-issue applicant shall file an affidavit show- 
ing that he made the invention before the original application of the other patentee 
was filed. 



UNITED STATES PATENTS. 17 

(8.) Between an application for re-issue of a later unexpired patent and an earlier un- 
expired patent granted before the original application of the later patent was filed, 
if the re-issue applicant shall file an affidavit showing that he made the invention 
before the original application of the earlier patent was filed. 
In this connection it should be noted that an interference between two or more existing 
patents cannot be adjudicated in the Patent Office ; that an interference cannot be declared 
against an expired patent ; and that no interference can be declared with forfeited or abandoned 
applications. Under former rules of the Patent Office, an interference was declared where 
applications might be amended so as to include conflicting claims, although the conflicting 
matter was not so claimed at the time the interference was instituted. At the present time 
the rules forbid the declaration of an interference until the conflict appears specifically in the 
claims. 

PROCEDURE IN INTERFERENCE CASES. 

When a primary examiner finds that the claims of any applicant for patent are the same 
or substantially the same as those of another applicant (or patentee under the conditions set forth 
in sub-sections (2), (7) and (8) above) it becomes his duty to forward the papers in the case to 
the examiner of interferences, who reviews them and if found correct will declare the inter- 
ference and send notices of the same to the parties interested. No interference will be de- 
clared until all preliminary questions have been settled by the primary examiner, and the 
invention decided to be patentable. 

The first step in an interference is the filing of a preliminary statement, under oath, by 
each of the parties thereto, on or before a date to be fixed by the Patent Office, in which for- 
eign inventors are required to set forth the following facts: — 

(1.) That applicant made the invention set forth in the declaration of interference. 

(2.) Whether or not the invention was ever patented : if so, when and where, giving the 
date and number of each patent. 

(3 ) Whether or not the invention was ever described in a printed publication ; if so, 
when and where, giving the title, place, and date of such publication. 

(4.) When the invention or the knowledge of it was introduced into this country ; giving 
the circumstances, with the dates connected therewith, which are relied upon to 
establish the fact. 

The preliminary statements should be carefully prepared, as the parties will be strictly 
held in their proofs to the dates set up therein. 

If a party refuse or neglect to file a statement, testimony will not be received subse- 
quently from him to prove that he made the invention at a date prior to his application for 
patent. If on examination a statement is found to be defective, a time is assigned within 
which the defect may be cured. 

When the time for filing the statements has elapsed, the statements are examined and 
compared with the the original applications. If the date of the filing of the earliest applica- 
tion is not anticipated by the dates fixed by the other parties for their own conception of the 
invention, priority is awarded to the earliest applicant. If the date of a later applicant 
fails to carry the date of his inventive act behind the date when the earlier applications were 
filed, judgment is entered against him. Only in cases where the date of invention claimed 
in a preliminary statement is earlier than the date of the filing of an earlier application does 
the interference proceed further, since in these cases alone is the prima facie presumption of 
priority arising from the dates of filing the respective applications rebutted, and additional 
evidence necessary to determine which of the claimants was actually the first inventor. 

TAKING TESTIMONY. 

In all cases where such further evidence is necessary, certain times are fixed by the ex- 
aminer within which the testimony of the several parties must be taken. The same rules as 
to evidence apply in interference cases as in the courts of the United States. Notice 
must be given by parties of the time when, and place where, the testimony will be taken, and 
full opportunity must be afforded for the opponent to cross-examine the witnesses either in 
person or by attorney. The time for taking testimony may be extended in favor of either 
party upon a motion disclosing under oath the reasons for his inability to obtain his evidence 
within the time prescribed, the names of the witnesses whose testimony he desires, the facts 
which he expects to prove by them, and the efforts he has made to secure their earlier attend- 
ance. All evidence must be given under oath, and must be written out by, or in the presence 
of the officer before whom the deposition is taken, who must certify thereto and affix his seal 
of office. 

FORWARDING TESTIMONY. 

The deposition must be carefully read over by the witness, or by the officer to him, and 



18 UNITED STATES PATENTS. 

is then subscribed by the witness in the pressnce of the officer. The officer must annex to 
the deposition his certificate, showing 

(i.) The due administration of the oath by the officer to the witness before the commence- 
ment of his testimony. 
(2.) The name of the person by whom the testimony was written out, and the fact that, 

if not written by the officer, it was written in his presence. 
(3.) The presence or absence of the adverse party. 

(4.) The place, day, and hour of commencing and taking the deposition ; and 
(5.) The fact that the officer was not connected by blood or marriage with either of the 

parties, nor interested, directly or indirectly, in the matter in controversy. 
The officer must sign the certificate and affix thereto his seal of office. He must then, 
without delay, securely seal up all the evidence, notices, and paper exhibits, inscribe upon the 
envelope a certificate, giving the title of the case, the name of each witness, and the date of 
sealing, address the package, and forward the same to the Commissioner of Patents. 

TESTIMONY REQUIRED TO BE PRINTED. 

The testimony is required to be printed and six or more printed copies must be furnished 
for the use of the Patent Office and the opposing parties. When the evidence is all in, a day 
is fixed by the examiner of interferences for the hearing, when oral arguments may be made 
by the parties or their attorneys. The examiner then takes the case under consideration and 
decides as to the priority of invention. 

AS TO FOREIGN PATENTEES. 

While the law makes no distinction between citizens and foreigners as applicants in the 
Patent Office it makes a wide distinction between an invention made in the United States and 
an invention made in a foreign country, whether by a citizen or alien. Under our law no 
notice is, or can be taken of any inventive act performed abroad until its result is published 
either in a patent or a printed book. At whatever date therefore, an unpatented or unpublished 
foreign invention may have been conceived in fact, its conception in the United States takes 
place only when knowledge of the invention is brought to the United States. In interference 
proceedings therefore, a foreign patentee cannot prove an earlier date for his invention than 
the date of his foreign patent or other publication of the invention, should this be earlier than 
the date upon which knowledge of the invention was brought into the United States (Rumpff 
v. Kohler, 23 O. G. 183 1), and a foreign inventor who has not patented his invention 
abroad, is limited in his proof of the date of his invention to the date upon which knowledge 
of the invention was brought to the United States (Thomas v. Reese, 17 O. G., 195). 

DISCLAIMERS. 

Whenever a patentee has claimed more than he had a right to claim as new and as of his 
invention, he may abandon the excess by filing a disclaimer of such parts of the thing 
patented as were not invented by him, and the patent will then be valid for all that part 
which is truly and justly his own. A disclaimer is thus an inexpensive and expeditious man- 
ner of curing a defect that would otherwise be fatal to the patent. 

WHO MAY FILE. 

A disclaimer may be made by the patentee so long as he is the owner of the patent, 
or by his heirs or assigns whether of the whole or any sectional interest. 

The original patentee cannot disclaim after he has parted with his entire title to the patent, 
nor can an owner of an undivided interest disclaim without the consent and co-operation of 
the other owners of the same interest. But an owner either of the entire interest, or of the 
entire interest within a specified territory, may file a disclaimer, which will have effect to the 
extent of the interest possessed by the disclaimant, and will thereafter limit and define his 
rights. 

REQUISITES OF DISCLAIMER. 

A disclaimer must be in writing, must be signed by the disclaimant, and attested by one 
or more witnesses, and recorded in the Patent Office. It must set forth the exact interest of 
the disclaimant, and must particularly state the excess disclaimed, and aver that it was included 
in the patent through inadvertence, accident, or mistake. 

CAVEATS. 

WHO MAY FILE. 
A caveat can only be filed by a citizen of the United States, or by an alien who has re- 
sided in the United States one year preceding the filing of his caveat, and has made oath of his 
intention to become a citizen. 



UN.ITED STATES PATENTS. 19 

OBJECT AND FORCE OF CAVEATS. 

A caveat is a written notice to the Patent Office that the caveator claims to be the inventor 
of the invention described, and its effect is to prevent the grant of a patent for the same in- 
vention to another party, without notice to the caveator, during the life of the caveat. If, 
during the life of the caveat another person files such an application, and the invention is found 
to be patentable, the application will be suspended, and notice thereof sent to the caveator, 
who may then, within three months thereafter, file his application for patent. He will then 
be entitled to an interference with the previous application for the purpose of proving priority 
of invention, and obtaining the patent if he be adjudged the prior inventor. 

A caveat confers no rights and affords no protection save the above. It may, however, 
be used as evidence in contests. 

TERM. 

A caveat is operative for one year from the filing thereof, and may be renewed from year 
to year upon payment of the renewal fees. 

REQUISITES. 
A Caveat must comprise : 

(a.) A petition (with power of attorney if an attorney is appointed). 

(&.) A specification. 

(c.) An oath, and 

(d.) When the nature of the invention admits of it, a drawing. 

The caveat, like an application for patent, must be limited to a single invention. The 
same particularity of description is not required in a caveat as in an application for patent ; 
but the caveat must set forth the object of the invention and the distinguishing characteristics 
thereof, and it should be sufficiently precise to enable the office to judge whether there is a 
probable interference when a subsequent application is filed for a similar invention. 

If, upon examination, a caveat be found defective in this respect, amendment will be 
required. 
The oath must set forth : 

(a.) That the caveator is a citizen of the United States, or, if he be an alien, that he has 
resided for one year next preceding within the United States, and has made oath of his inten- 
tion to become a citizen thereof, and 

(p.) That he believes himself to be the original and first inventor of the invention set forth 
in his caveat. 

The drawings should be well executed on tracing muslin or paper that may be folded. 

ASSIGNMENTS. 

An invention may be assigned and the assignment recorded, at any time, either before or 
after the application for patent is made, or the patent granted. The assignment may be for 
either the right to make, use, or sell, or for the right to do all these acts, and may be for the 
whole or any specified part of the United States. Undivided interests may also be assigned. 

Interests in patents may be vested in assignees, in grantees of exclusive sectional rights, 
in mortgagees, and in licencees, and any instrument amounting to an assignment, grant, mort- 
gage, lien, incumbrance, or licence, or which affects the title of the patent, or invention to 
which it relates, may be entered of record. Assignments which are made conditional upon 
the performance of certain stipulations, such as the payment of money, if recorded, are regarded 
as absolute assignments, until canceled with the written consent of both parties, or by the 
decree of a competent court. A single assignment may include more than one patent, 
although to avoid confusion on the records, a separate assignment for each patent is desirable. 

MUST BE RECORDED. 

An assignment, grant, or conveyance of a patent will be void as against any subsequent 
purchaser or mortgagee for a valuable consideration without notice unless recorded in the 
Patent Office within three months from the date thereof. 

FORM. 

No particular form of assignment is prescribed. It is, however, desirable to use the forms 
recommended by the Patent Office (See Forms) so far as practicable. 

MUST IDENTIFY THE INVENTION OR PATENT. 

The assignment should identify the patent by date and number ; or, if .the invention be 
unpatented, by the name of the inventor, the serial number, and the date of the filing of the 
application ; or, in case of assignments executed co-incidently with the application, by the 
name of the inventor, the title of invention, and the date of the execution of the documents. 



2 o UNITED STATES DESIGN PATENTS. 

PATENTED ARTICLES SHOULD BE MARKED. 

It is the duty of all patentees, and their assigns and legal representatives, and of all per- 
sons making or vending any patented article for or under them, to give sufficient notice to the 
public that the same is patented ; either by affixing thereon the word "patented," together 
with the day and year the patent was granted ; or when, from the character of the article, this 
can not be done, by fixing to it, or to the package wherein one or more of them is inclosed, a 
label containing the like notice ; and in any suit for infringement, by the party failing so to 
mark, no damages can be recovered by the plaintiff, except on proof that the defendant was 
duly notified of the infringement, and continued, after such notice, to make, use, or vend the 
article so patented. 

Persons falsely marking or labeling articles as patented, are liable to a penalty of one hun- 
dred dollars for each offense, one-half of said penalty to be paid to the person who shall sue 
for same. 



DESIGN PATENTS. 



TO WHOM GRANTED, TERM AND REQUIREMENTS. 

Patents for useful and ornamental designs are granted to the true and first inventor, for 
the term of three and one-half, seven, or fourteen years, as the applicant may, in his applica- 
tion elect. Short term patents cannot be prolonged. 

The requirements and proceedings for patents for designs are substantially the same as for 
applications for other patents. The specification must distinctly point out the characteristic 
features of the design, and carefully distinguish between what is old and what is believed to 
be new. The claims also, when the design admits of it, should be as distinct and specific as in 
the case of other applications. 

DOCUMENTS REQUIRED. 

The documents required are : 

(a.) Petition, (with power of attorney if an attorney is appointed.) 

(b.) Specification. 

(c.) Oath. 

(d.) A drawing or photographs. 
When the design cannot be sufficiently represented by drawings or photographs, a model will 
be required. 

DRAWING OR PHOTOGRAPHS. 

The design must, if possible, be represented by a drawing made in conformity with the 
rules prescribed for drawings for mechanical patents. 

In case the nature of the design is such that it cannot be properly represented by such a 
drawing, upon the representation of the Examiner a photograph may be employed. 

Whenever a photograph is furnished it must be mounted upon a sheet of Bristol board of 
the kind and dimensions prescribed for drawings of other patents, and the applicant must furnish 
not less than twenty-five extra unmounted copies of such photographs of a size not exceeding 
seven and a half inches by eleven. (19x28 cm.) 

EXAMINATION. 

The examination as to form of documents and novelty, and the prosecution and amend- 
ment of applications is precisely the same as in the case of applications for mechanical patents. 

PATENTEDARTICLESSHOULD BE MARKED. 

The requirements as to the marking of articles protected by design patents are the same as 
in the case of mechanical patents. 

ASSIGNMENTS. 
The requirements and practice is the same as for mechanical patents. 



UNITED STATES TRADE MARKS. 



TRADE MARKS. 



WHO MAY REGISTER. 

A person, firm, or corporation, the owner of any trade mark used in commerce between 
the United States and any foreign nation or with the Indian tribes, provided such owner shall 
be domiciled in the United States, or located in any foreign country or tribes, which by treaty, 
convention, or law, affords'-'similar protection to citizens of the United States. The United 
States has concluded trade mark treaties with the following Governments, arid upon the fol- 
lowing dates: — Austria-Hungary, June I, 1872; Belgium, July 30, 1869 and July 9, 1884; 
Brazil, Sept. 24, 1878 ; France, April 16, 1869 ; German Empire, June 1, 1872 ; Great Britain 
(including British Colonies so far as they grant reciprocal protection to citizens of the United 
States), July 17, 1878 ; Italy, March 19, 1884 ; Netherlands, Feb. 16, 1883 ; Russia, June 27, 
1868 ; Servia, Dec. 27, 1882 ; Spain, April 19, 1883 ; Switzerland, May 16, 1883. 

The United States is also a member ©f the International Convention, and residents of 
countries belonging to this Union may obtain registration. 

TERM OF PROTECTION. 

The term of registration is thirty years, renewable for an additional term of thirty years, 
but in case of trade marks registered in other countries for a shorter period, the protection in 
this country ceases at the time such trade mark ceases to be exclusive property elsewhere. 

WHAT MAY BE REGISTERED. 

The statute does not define the word " trade mark", or say of what it shall consist. The 
term is used as though its signification were already well known in the law. Resort must 
therefore be had to the law outside of the statute, to ascertain what is or what may become a 
lawful trade mark. 

In general it may be said that any arbitrary mark or device, that has been so long used in 
connection with an article of manufacture that it has become well known to the trade as des- 
ignating a particular person's goods, constitutes a lawful trade mark; but no trade mark will 
be registered unless the same appear to be lawfully used as such by the applicant in foreign 
commerce or commerce with Indian tribes, or is within the provision of a treaty, convention, or 
declaration with a foreign power; nor which is merely the name of the applicant; nor which is 
identical with a registered or known trade mark owned by another and appropriate to the same 
class of merchandise, or which so nearly resembles some other person's lawful trade mark as to 
be likely to cause confusion or mistake in the mind of the public, or to deceive purchasers. 

The autograph or name of the owner, provided it be written, printed, branded, or stamped 
in a mode peculiar to itself; a seal, picture, cipher, monogram, or a combination of any of 
these; a mere word, a combination of words, a letter, or combination of letters not recognized 
as a word, or any other sign or symbol that can serve to distinguish the products of one man 
from another may be a valid trade mark provided it is an arbitrary device and not descriptive, 
and not a word in common use. 

It is no bar to the registry of a trade mark that it has already been used as such on arti- 
cles of a different character, and it is only necessary that the trade mark be so far original as 
that when known in the market the goods of one merchant or manufacturer may be distin- 
guished from those of another. 

UNREGISTERABLE. 

A word that is descriptive cannot be registered, nor can a simple outline figure surrounding 
a word or words purely descriptive of the article or the quality be registered as a trade mark. 

It has been decided by the Courts that a trade mark which consists merely of the name of 
a person not arranged in a mode peculiar to itself, cannot be registered, although it is accom- 
panied by a mark sufficient to distinguish it from the same name when used by others; that a 
geographical name although it is joined with something else is not a proper trade mark for 
registration; and that a trade mark that is deceptive or misleading either as to the place of 
manufacture, the name or address of the manufacturer or vendor, the class of product or 
quality, or in any other way, is not a valid trade mark. 



UNITED STATES TRADE MARKS. 



USE OF M/>RK. 



A trade mark may be written, printed, stamped, painted, stencilled, branded, or other- 
wise, and either upon the article itself, or on its case, covering, envelope, or wrapper. The 
trade mark may also be used in- advertisements or upon the stationery of the owner. 

THE APPLICATION FOR REGISTRATION. 

A complete application for registration consists of the following parts : 

(a) Letter of advice, (with power of attorney, if an attorney is appointed.) 
{b) A statement or specification of the trade mark. 

(c) A declaration or oath. 

(d) A drawing of the trade mark. 

(a) The Letter of Advice with Power of Attorney. The letter of advice should : 
(i) Be addressed to the Commissioner of Patents. 

(2) Should contain a reference to the fac-simile of the trade mark filed therewith, and 

(3) A request that the same be registered in the United States Patent Office in accord- 
ance with the law in such cases made and provided. 

The power of attorney may be and preferably is joined to the letter of advice, and should 
be in the same general form and language as in the case of patents. 

{b) The Statement or Specification. The statement or specification should contain : 

(1) A preamble stating the name and address of the applicant, and in the case of an indi- 
vidual applicant his citizenship and residence. 

(2) An explicit statement of the essential features of the trade mark claimed. 

(3) A full and clear description of the trade mark and everything relating thereto. 

(4) The date since which the trade mark has been continuously used by applicant. 

(5) A statement of the class of merchandise to which the trade mark is appropriated. 

(6) A statement of the particular description of goods on which it is used. 

(7) A statement of the mode of applying the trade mark. 

{c The Declaration or Oath must contain the following allegations : 

(1) That the applicant is the applicant named in the foregoing statement, and that he 
verily believes the foregoing statement is true. 

(2) That he has at this time a right to the use of the trade mark therein described, and 
that no other person, firm or corporation has the right to such use, either in the identical form 
or in any such near resemblance thereto as might be calculated to deceive. 

(3) That it is used by him in commerce between the United States and foreign nations- 
or Indian tribes, naming one or more of such foreign nations or Indian tribes, between which 
and the United States it is so used, and 

(4) That the description and fac-similes presented for record truly represent the trade 
mark sought to be registered. 

(d) The Drawing. The trade mark must be represented by a drawing which must con- 
form in all respects to the rules prescribed for drawings of mechanical patents. If for 
any reason the drawing filed does not constitute a satisfactory fac-simile of the trade 
mark, two copies of the trade mark, as actually used, must be filed in addition to the draw- 
ing required. The rules of practice have recently been changed in this particular,, and a. 
drawing must now be supplied with every application. 

EXECUTION OF DOCUMENTS. 

All the documents except the drawing or fac-similes must be signed by the applicant. 
The signature of the applicant upon the statement must be attested by the signatures of two- 
witnesses. The drawing may, and preferably should be signed by the , attorney. If signed 
by the applicant, his signature must appear in the lower right hand corner above the marginal 
line, and his signature must be attested by the signatures of two witnesses who must sign in 
the lower left hand corner above the marginal line. 

The declaration or oath must be sworn to and signed before a Notary Public or a Consu- 
lar officer of the United States, who must in all cases affix his official seal. 

In The Case of a Firm. The letter of advice and the statement or specification should 
be signed in the firm name, while the declaration should be made by and sworn to by some 
member of the firm on behalf of such firm. 

In the Case of a Corporation. The letter of advice and the statement or specifica- 



UNITED STATES LABELS AND PRINTS. 23 

tion should be signed in the name of the corporation, together with the signature and title of 
the officer of the corporation signing same, while the declaration should be made by and sworn 
to by such official on behalf of the corporation. If the corporation have a seal it should be 
affixed to authenticate the signature of the officer. 

THE EXAMINATION AN D AM EN DM ENTS. 

When the application is filed in the Patent Office an examination is made both as to the 
form of the documents and the novelty of the trade mark. The procedure is substantially 
the same as in case of applications for patents. If defects exist in any of the documents, except 
the declaration, they may be cured by amendment. The declaration cannot be amended. If 
that filed with the application is faulty or defective, a substitute declaration must be filed. 

NO REQUIREMENTS AS TO MARKING. 

The law contains no provision requiring the owner of a trade mark to warn the public of 
its registration, it is, however, usual for owners of trade marks to notify the public thereof by 
printing or otherwise displaying in connection with their trade mark the word " Trade Mark " 
or the words " Trade Mark Registered." 

ASSIGNMENTS. 

The right to the use of any registered trade mark is assignable by an instrument in writ- 
ing, and such assignment of a trade mark must be recorded in the Patent Office within sixty 
days after its execution, in default of which it may be void as against any subsequent purchaser 
or mortgagee for a valuable consideration without notice. No particular form of assignment 
is prescribed, but the trade mark must be identified by the certificate number. 



LABELS AND PRINTS. 



DEFINED. 



The words "prints" and " labels" are construed as synonymous, and are defined as any 
device, picture, word or words, figure or figures, that do not amount to a trade mark, im- 
pressed or stamped directly upon the articles of manufacture, or upon a slip or piece of paper, 
or other material, to be attached in any manner to manufactured articles, or to bottles, boxes, 
and packages containing them, to indicate the contents of the package, the name of the manu- 
facturer or the place of manufacture, the quality of goods, directions for use, etc. 

Until recently, all forms of prints and labels, even when consisting solely of the name of 
the manufacturer or the place of manufacture, the quality or quantity of goods, or directions 
for use, have been registered by the Patent Office ; but the Supreme Court has recently decided, 
(Higgins et al v. Keuffel et al, 55 O. G. 1139,) that to be entitled to copyright the print or 
label must have by itself some value as a composition or writing, at least to the extent of serv- 
ing some purpose other than as a mere advertisement or designation of the subject to which it 
is attached. 

The clause of the Constitution under which Congress is authorized to legislate for the pro- 
tection of authors and inventors is contained in the eighth section of article one, which de- 
clares that — 

The Congress shall have power to promote the progress of science and useful arts, by securing for 
limited times to authors and inventors the exclusive right to their respective writings and discoveries. 

The copyright act, and the act of June 18, 1874, under which labels are registered, are based 
upon this provision. The Supreme Court has therefore held in effect, that this provision has 
reference only to such writings and discoveries as are the result of intellectual labor, and that 
labels which simply designate or describe the articles to which they are attached, and which 
have no value separated from the articles, and no possible influence upon science or the -useful 
arts, are not proper subjects for registration. 

Thus a label upon a box of fruit giving its name as "grapes" even with the addition of 



24 UNITED STATES COPYRIGHTS. 

adjectives characterizing their quality as "black" or " sweet " would not be registerable. 
Should, however, the label contain an essay upon the culture of grapes, or any other matter re- 
lating to science or the useful arts, clearly the product and result of intellectual labor, the 
label would be entitled to copyright protection. 

WHO MAY OBTAIN PROTECTION. 

The benefits of the act seem to have been originally confined to citizens or residents of 
the United States, but have been extended by existing treaties to British, German, Italian, 
and Belgian subjects. 

UNREGISTERABLE. 

No print or label can be registered unless it properly belongs to an article of commerce, 
and be as above defined ; nor can the same be registered when it amounts to a lawful trade 
mark, or when its use in connection with the article to which it is applied is arbitrary or fan- 
ciful. 

APPLICATION TO BE FILED BEFORE PUBLICATION. 

In order to secure copyright protection for a label or print, it is necessary that the appli- 
cation for its registration be filed in the Patent Office on or before the date of the first publica- 
tion of such label or print in this or any foreign country. A label or print that has been pub- 
lished cannot be copyrighted upon an application filed subsequent to the date of such publica- 
tion. 

DOCUMENTS REQUIRED. 
A complete application for the registration of a label or print consists of the following parts : 

(a.) An application addressed to the Commissioner of Patents, containing a reference to 
the label or print presented for registration ; claiming its ownership ; stating its title ; con- 
taining a description thereof ; and a request that the same be registered in the Patent Office. 

{b.) At least five copies of the label or print. 

The application must be signed by the applicant. In case of a firm, the usual signature 
of the firm will be sufficient. If the applicant is a corporation, it should be signed in the 
name of such corporation by one of the principal officers thereof, who must add his own 
signature and title of office. His signature should be attested by the corporate seal of the 
company. 

NOTICE OF COPYRIGHT REQUIRED. 

The law requires that when copyright of a label or print has bee a obtained that due notice 
of such copyright shall be given to the public. All copyrighted labels or prints should there- 
fore contain the following notification : " Copyrighted 1892, by A. B.," or as the case may be, 
stating the year the copyright was entered, and the name of the party by whom it was taken 
out. 

ASSIGNMENTS. 

It is held that a registered label is, like a copyright, assignable by an instrument in writing. 
No particular form of assignment is prescribed, but the assignment should be presented for 
record within sixty days of its execution, otherwise it is liable to be held void as against any 
subsequent purchaser or mortgagee for a valuable consideration without notice. 



COPYRIGHTS. 



WHO MAY OBTAIN. 

The benefits of the copyright act were originally intended to apply to citizens of, or resi- 
dents in the United States only, but by act of March 3, 1891, the law has been so amended 
that it applies to citizens or subjects of a foreign state or nation, when such foreign state or 
nation permits to citizens of the United States the benefit of copyright on substantially the 
same basis as its own citizens ; or when such foreign state or nation is a party to an international 
agreement which provides for reciprocity in the grant of copyright, by the terms of which 
agreement the United States may at its pleasure become a party to such agreement. The ex- 
istence of either of the above conditions is to be determined by the President of the United 
States, by proclamation made from time to time as the purposes of the act may require. At 
the present time the President has, by proclamation dated July 1, 1891, extended the benefits 



UNITED STATES COPYRIGHTS. 25 

of the copyright act to citizens of France and Switzerland, and to subjects of Belgium and 
Great Britain, including the British Colonies. 

The applicant for copyright protection may be the author, inventor, designer or proprietor 
of any kind of useful work such as enumerated below, or the executors, administrators or 
assigns of such person. 

WHAT MAY BE COPYRIGHTED. 

Any book, map, chart, dramatic or musical composition, engraving, cut, print, or photo- 
graph or negative thereof, a painting, drawing, chromo, statuary, and models or designs in- 
tended to be perfected as works of the fine arts. The word "print" includes lithographs. 
The word - 'book" does not carry with it the requirement that it shall be printed. A book 
may exist without printing, and such book, when made or composed, is entitled to copyright. 
A "book" need not be a book in the common and ordinary acceptation of the word, viz.: 
a volume made up of several sheets bound together, it may be printed only on one sheet. 
In the case of books published in more than one volume, or of periodicals published in num- 
bers, or of engravings, photographs, or other articles published with variations, a copyright is 
to be entered for each volume or part of a book, or number of a periodical, or variety as to 
style, title, or inscription of any other article. A copyright may be secured for a projected 
work as well as a completed one. The time within which any work entered for copyright may 
be issued from the press is not limited by any law or regulation, but the courts have held that 
it should take place within a reasonable time. 

EXTENT AND TERM OF PROTECTION. 

Copyrights are granted for the term of twenty-eight years from the time of recording the 
title thereof. Within six months before the expiration of that time, the author, inventor, or 
designer, if he be still living, or his widow or children, if he be dead, may secure a renewal of 
the copyright for a further term of fourteen years, making forty-two years in all, by recording 
the title of the work a second time, and complying with all other regulations in regard to 
original copyrights, and by causing a copy of the record thereof to be published in one or more 
newspapers printed in the United States, for the space of four weeks. Such advertisement of 
renewal is to be made within two months of the date of the renewal certificate. 

Upon complying with the provisions of the law, authors, and their executors, administra- 
tors and assigns, have the sole liberty of printing, reprinting, publishing, completing, copying, 
executing, finishing, and vending the work so copyrighted ; and, in the case of a dramatic 
composition, of publicly performing or representing it, or causing it to be performed or re- 
presented by others ; also the exclusive right to dramatize or translate such work within the 
United States and all its territories. 

PREREQUISITES TO COPYRIGHT PROTECTION. 

No person will be entitled to a copyright unless he shall, on or before the date of publi- 
cation, in this or any foreign country, deliver at the office of the Librarian of Congress in 
Washington, or deposit in the mail within the United States, addressed to the Librarian of 
Congress, a printed copy of the title of the book, map, chart, dramatic or musical composition, 
engraving, cut, print, photograph, or chromo, or a description of the painting, drawing, statue, 
Statuary, or a model or design for a work of the fine arts, for which he desires a copyright ; 
nor unless he shall also, not later than the day of the publication thereof, in this or any foreign 
country, deliver at the office of the Librarian of Congress, at Washington, District of Columbia, 
or deposit in the mail within the United States, addressed to the Librarian of Congress, at 
Washington, District of Columbia, two copies of such copyright book, map, chart, dramatic or 
musical composition, engraving, chromo, cut, print, or photograph; or in case of a painting, 
drawing, statue, statuary, model or design for a work of the fine arts, a photograph of the 
same. 

REQUIREMENTS AS TO PRINTING. 

In the case of a book, photograph, chromo, or lithograph, the two copies of the same re- 
quired to be delivered or deposited as above, must be printed from type set within the limits 
of the United States, or from plates made therefrom, or from negatives, or drawings on stone 
made within the limits of the United States, or from transfers made therefrom. 

PROVISIONS AS TO IMPORTATION OF COPYRIGHTED WORKS. 

During the existence of such copyright the importation into the United States of any book, 
chromo, lithograph, or photograph, so copyrighted, or any edition or editions thereof, or any 
plates of the same not made from type set, negatives, or drawings on stone made within the 
limits of the United States, is prohibited, except in the cases specified in paragraphs 512 to 516, 



26 UNITED STATES COPYRIGHTS. 

inclusive, in section two of the act entitled, "An Act to reduce the revenue and equalize the 
duties on imports and for other purposes, approved October I, 1890 ;"* and except in the case 
of persons purchasing for use and not for sale, who import subject to the duty thereon, not 
more than two copies of such book at any one time ; and, except in the case of newspapers 
and magazines, not containing in whole or in part matter copyrighted under the provisions of 
this act, unauthorized by the author, which are exempted from prohibition of importation. 

In the case of books in foreign languages, of which only translations in English are copy- 
righted, the prohibition of importation applies only to the translations of the same ; the im- 
portation of the books in the original language is permitted. 

COPYRIGHTED ARTICLES TO BE MARKED. 

No action for the infringement of a copyright can be maintained unless notice of the 
copyright is given the public by inserting in the several copies of every edition published, on 
the title page, or the page immediately following, if it be a book; or if a map, chart, musical 
composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, 
or model or design, by inscribing upon some visible portion thereof, or of the substance on 
which the same shall be mounted, the following words, viz : 

" Entered according to Act of Congress, in the year , by A. B., in the office of the 

Librarian of Congress, at Washington." 

Or, at the option of the owner, the words, " Copyright, 18 , by A. B." 

in either case stating the year the copyright was entered, and the name of the party by whom 
it was taken out. 

A person who shall falsely mark an article as copyrighted is liable to a penalty of one 
hundred dollars. 

APPLICATIONS FOR COPYRIGHT. 

An application for copyright protection consists of the following parts: 

{a) An application for registration, distinctly stating the full name and residence of the 
claimant, and whether the right is claimed as author, designer, or proprietor. In case an 
agent is appointed to obtain the registration there should be joined to the application a brief 
appointment of agent, stating his name and address, and containing a request that all commu- 
nications relating to said application be. addressed to him. 

(b) A printed copy of the title of the work if it be a book, map, chart, dramatic or 
musical composition, engraving, cut, print, photograph or chromo, or, 

A description of the work if it be a painting, drawing, statue, statuary, or model or de- 
sign for a work of the fine arts. The printed title required may be a copy of the title page of 
such publications as have title pages. In other cases, the title must be printed expressly for 
copyright entry, with name of claimant of copyright. The style of type is immaterial, and the 
print of a typewriter will be accepted. A separate title is required for each entry, and each 
title must be printed on paper as large as commercial note (5 %x8% inches). The title of a 
periodical must include the date and number: and each number of a periodical requires a sep- 
arate entry of copyright. 

(<r) To Complete the Copyright. If the article be a book, map, chart, dramatic or 
musical composition, engraving, cut, print, photograph or chromo, two complete copies of the 
best edition issued, must be delivered, or deposited in the mail within the United States, ad- 
dressed to the Librarian of Congress, not later than the day of the publication of such book or 
other article. And the two copies above required must, as we have already seen, be printed 
from type set or plates made in the United States, or from negatives or drawings on stone, or 
transfers therefrom, made within the United States. 

In case of a painting, statue, or model or design intended to be perfected as a work of 
the fine arts, a photograph of the same as large as " cabinet size " (4x6 inches) must be depos- 
ited with, or mailed to the Librarian of Congress not later than the day of publication. 

Without the deposit of the copies above required the copyright is void, and a penalty of 
twenty-five dollars is incurred. 

The law also requires the deposit of one copy of each new edition wherein any substantial 
changes are made. 

ASSIGNMENTS. 

A copyright is assignable in law by any instrument in writing. No particular form of 
assignment is prescribed. Such assignment must be recorded in the office of the Librarian of 
Congress within sixty days from its date. 

*Note. — These paragraphs of the new Tariff act permit free importation of books, etc., more than 
twenty years old, books in foreign languages, publications imported by the Government, or for societies, 
colleges, etc., and libraries which have been in use one or more years, brought from abroad by persons 
or families and not for sale. 



FORMS. 27 



FORMS OF DOCUMENTS. 



PATENTS. 



DOCUMENTS REQUIRED FOR AN APPLICATION FOR PATENT. 
(See Body of Book for Detailed Information.) 



1. Petition With Power of Attorney signed by the inventor. No witnesses nor 
legalization necessary. 

2. Specification signed by the inventor and two witnesses. No legalization necessary. 

3. Oath signed by the inventor. The oath should be sworn to before a Notary Public or 
an United States Consular officer having an official seal, and the signature of the officer adminis- 
tering the oath must in all cases be attested by such official seal. 

4. Drawing, if the invention can possibly be illustrated by a drawing. The drawing. 
need not be signed by the inventor, nor legalized in any way. 

SPECIAL DIRECTIONS. 

Particular attention is. called to the following points : 

(a) The actual inventor or inventors must sign the Petition and Power of Attorney, the- 
Specification, and the Oath. 

(b) Onlv the inventor or inventors should so sign. An assignee or other person is not- 
allowed to join with the inventor in making application, and in signing these documents, under 
any circumstances. 

(c) The inventor or inventors must, when signing these documents, sign their first, or" 
given name in full, thus: John Albert Peter Smith, or John A. P. Smith. A document 
signed J. A. P. Smith, or J. Albert Peter Smith, will be rejected and returned for correction. 

{d) Careful attention should be paid to the wording of the documents. It is absolutely 
necessary that they agree in all respects with the forms given below. 

(e) It is not sufficient that the oath be taken before a Commissioner for Administering 
Affidavits, a Judge, a Justice of the Peace, or other person authorized bylaw to administer oaths 
in the country where the deposition is taken. The oath should be made before one of two- 
persons : A Notary Public, or an United States Consular officer, and in either case it is essen- 
tial that he have an official seal and that it be affixed. 

if) The drawing should conform to the rules in all particulars. Lithographs are never 
accepted. The size of the sheet upon which a drawing is made must be exactly 10 inches wide 
by 15 inches high. The margin line must be drawn exactly 1 inch from the edge of the sheet. 
A clear space of at least 1 ^ inches must be left at the top of the sheet below the marginal line.- 
The paper should be white. 

As a failure to comply with these requirements will insure the rejection of documents, 
Patent Agents will serve their own interests, and save expense and delays, by seeing that alE 
documents are correctly prepared and executed before they are forwarded for filing. 



FORMS FOR APPLICATION BY A SOLE INVENTOR. 

Petition with Power of Attorney. 
To the Commissioner of Patents : 

Your petitioner, (insert full names of inventor), a citizen, (or subject, and state of -what country appli- 
cant is a citizen or subject, as, for instance, " a citizen of the Republic of France" or " a subject of the 
Queen of Great Britain and Ireland") residing at {insert residence of applicant}, prays that Letters 
Patent may be granted to him for the (insert title of invention), set forth in the annexed specification ; 
and he hereby appoints William E. Richards and William W. White, doing business under the name and 
style of Richards & Co., of the city, county and State of New York, and of Washington, D. C, his 
attorneys, with full power of substitution and revocation, to prosecute this application, to make alter- 
ations and amendments therein, to receive the Patent, and to transact all business in the Patent Office 
connected therewith. (Signature.) 



28 FORMS. 

Specification. 
To all whom it may concern : 

Be it known that I, (insert full name of inventor), a citizen, (or subject, and state of what country ap- 
plicant is a. citizen or subject), and resident of (insert residence), have invented a certain new and useful 
(insert title of invention and if the invention has already bee?i patented in any other country, insert here 
the words for which I have obtained a patent (or patents) in and state in what countries patents have been 
obtained, givitig the numbers and dates of the patents, as, " Great Britain No. 1426, bearing date fune 24, 
lSgo" etc.,) of which the following is a specification : 

The objects of my invention are (here insert a brief description of the objects of the invention). 
Referring' to the drawings which form a part of this specification. Figure 1 is (here insert a brief de- 
scription of each figure of the drawings, after which insert the specification or description of the inven- 
tion, inserting before the claims the words): 

Having now described my invention, what I claim as new and desire to secure by letters patent is : 

(Insert claims). 
In witness whereof I have hereunto set my hand in presence of two witnesses. 

(Inventor signs here.) 
Witnesses : 
(Two Witnesses mtist sign here.) 

Oath. 

{Insert place of execution.) ) 

Vss. 
\Insert name of country.) ) 

(Insert name of inventor), the above-named petitioner, a citizen (or subject, and state of what country 
he is a citizen or subject, as for instance, " a citizen of the Republic of Sivitzerland," or " a subject of the 
King of Prussia"), and resident of (insert residence"), being duly sworn, deposes and says that he verily be- 
lieves himself to be the original, 'first, and sole inventor of the (insert title of invention) described and 
claimed in the foregoing specification ; that the same has not been patented to himself or to others with his 
knowledge or consent (If the invention has tiot been patented in any other country, add the words " in 
■any country." If prior patents exist, add the words " except in," and proceed to state the name or names 
of the country or countries in which it has been patented, and the official number and date of such prior 
patents, as for example : " Great Britain, No. 4120, Dated January 1, i8go," etc.,) ; that the same has not to 
his knowledge been in public use or on sale in the United States for more than two years prior to this 
application, and he does not know and does not believe that the same was ever known or used prior to 
his invention thereof. (Signature.) 

Sworn to and subscribed before me ) 
this V 

(insert date.) ) (Signature of official adminsitering the oath .) 

(Seal of officer administering oath.) 

FORMS FOR APPLICATION BY IOINT INVENTORS. 
Petition with Power of Attorney. 
To the Commissioner of Patents : 

Your petitioners, (insert name of one inventor), a citizen (or subject, and state of what country he is 
a citizen or subject), residing at (insert residence of first inventor), and (insert name of second joint in- 
ventor), a citizen (or subject, and state of what country he is a citizen or subject), residing at (insert resi- 
dence of second inventor), pray that Letters Patent may be granted to them for the (insert title of inven- 
tion) set forth in the annexed specification : and they hereby appoint William E. Richards and William 
W. White, doing business under the name and style of Richards & Co., of the city, county and State 
of New York, and of Washington, D. C, their attorneys, with full power of substitution and revocation 
to prosecute this application, to make alterations and amendments therein, to receive the Patent, and to 
transact all business in the Patent Office connected therewith. 

(Signature of first Inventor?) 
(Signature of second Inventor.) 
Specification. 
To all whom it may concern : 

Be it known that we, (insert name of one inventor), a citizen (or subject, and state of what country he 
is a citizen or subject), residing at (insert his residence), and (insert name of second inventor), a citizen (or 
subject, and state of zuhat country he is a citizen or subject), residing at (insert his residence) , have in- 
vented a certain new and useful (insert title oj invention. If the invention has already been patented in 
.any other country insert here the words for which we have obtained a patent (or patents) in, and state in 
zuhat countries patents have been obtained, giving the number and date of each patent, as for instance, 
'" Great Britain, No. 173b bearing date September 22, rSgo; France, No. 214,97b bearing date January 1, 
iSqo," etc.) of .vhich the following is a specification. 

The objects of the invention are (here briefly decribe the objects of the invention). 

Referring to the drawings which form a part of this specification. Figure 1 is (here give a brief 
.description of each figure ef t/ie drawings, and follow with the specification or description of the inven- 
tion, inserting before the claims the words): 

Having now described our invention, what we claim as new and desire to secure by Letters Patent is: 

(Insert claims.) 
In witness whereof we have hereunto set our hands in presence of two witnesses. 

Witnesses. (First inventor signs here.) 

(Two witnesses must sign here.) (Second inventor signs here.) 

Oath. 

■(Insert place of execution?) i 

Us. 

(Insert name of 'country .) ) 

(Insert name of one inventor), a citizen (or subject, and state of what country he is a citizen or subject), 
and resident of (insert place of residence), and (insert name of other inventor), a citizen (or subject, and 
state of what country he is a citizen or subject) , and resident of (insert place of residence), the above-named 



FORMS. 29 

petitioners, being duly sworn, depose and say that they verily believe themselves to be the original, first 
and joint inventors of the (insert title of invention) described and claimed in the foregoing specification; 
that the same has not been Patented to themselves or to others with their knowledge or consent (If the 
invention has not been patented in any other country, add the words "in any other country." J f prior 
patents exist, add the words, "except in," and proceed to state the name or names of the country or 
countries in which it has been patented, and the official number and date of such prior patents, as for 
example : " Great Britain, No. 41SO, dated January 1, /Sgo," etc.); that the same has not to their knowledge 
been in public use or on sale in the United States for more than two years prior to this application, and 
they do not know and do not believe that the same was ever known or used prior to their invention, 
thereof. 

(First inventor signs here.) 
(Second inventor signs here.) 
Sworn to and subscribed before me | 

this day of (insert date.) j (Signature of official administering oath.) 

(Official seal of officer administering oath.) 

•FORMS FOR AN APPLICATION BY AN ADMINISTRATOR. 

Note. — An application by an adminstrator must be accompanied by a duly certified copy of the letters. 
of administration. 

Petition with Power of Attorney. 

To the Commissioner of Patents: 

Your petitioner, (insert fill name), a citizen (or subject, and state of what country applicant is a. 
citizen or subject), residing at (insert residence), administrator of the estate of (insert full name and last 
residence of inventor), late a citizen (or subject, and state of what country he was a citizen or subject), 
deceased, as by reference to the duly certified copy of letters of adminstration hereto annexed will more 
fully appear, prays that Letters Patent may be granted to him for the invention of the said (insert name 
of inventor), for (insert title of invention), set forth in the annexed specification; and he hereby appoints 
William E. Richards and William W. White, doing business under the name and style of Richards & Co., 
of the city, county and State of New York, and of Washington, D. C. . his attorneys, with full power of sub- 
stitution and revocation, to prosecute this application, to make alterations and amendments therein, to 
receive the Patent, and to transact all business in the Patent Office connected therewith. 

(Signature?) 

SPECIFICATION. 
To whom it may concern : 

Be it known that (insert name of inventor), late a citizen of (or subject of, and proceed to state of 
what country he was a citizen or subject), and a resident of (insert last place of residence), but now de- 
ceased, did invent a certain new and useful (insert title of invention, and if any foreign patents have- 
been obtained add the words, for which patents have been obtained in, and proceed to specify the coun- 
tries i?i which patents have been obtained and the number and date of each patent), of which the fol- 
lowing is a full, clear, and exact specification. 

The invention has for its object. (Here proceed with the specification and claims as in other cases.) 

Witnesses : (Signature of adminstrator), 

(Signatures of two witnesses.) Adminstrator of the estate of (insert name 

of deceased inventor) , deceased. 



(Insert place of execution.) j 

Vss. 
(Insert name of country.) ) 

(Insert name of administrator), the above named petitioner, a citizen (or subject, and state of what 
country he is a citizen or subject), and resident of (insert residence), being duly sworn, deposes and says 
that he is the administrator of the estate of (insert name of inventor), late a citizen (or subject, and state 
of what country he was a citizen or subject), and resident of (insert last place of residence), deceased ; 
that he verily believes that the said (insert name of inventor) was the original, first and sole inventor of 
the improvement in (insert title of invention), described and claimed in the foregoing specification ; that 
the same has not been patented to himself, or to others with his knowledge or consent (if the invention 
has not been patented in any country add the words "in any country." If prior patents exist, add the 
words, " except in the following countries," and proceed to state the name or names of the country or 
countries in which the same has been patented, as for example, " Great Britain, No. 4125, dated January 
I, jSqo ; France, No. iQ2,4"j8, dated January 2, iSqo," as the case may be); that the same has not to his 
knowledge been in public use or on sale in the United States for more than two years prior to this applica- 
tion, and he does not know and does not believe that the same was ever known or used prior to the said 
(insert inventor's name) invention thereof. (Sig?iature.) 

Sworn to and subscribed before me this day of 189 

(Signature of official administering the oath.) 

(Official seal of officer administering oath.) 

FORMS FOR AN APPLICATION BY AN EXECUTOR. 

Note. — An application by an executor must be accompanied by a duly certified copy of the letters 
testamentary. 

Petition with Power of Attorney. 

To the Commissioner of Patents : 

Your petitioner, (insert na?ne and residence of executor), a citizen (or subject, and state of what coun- 
try the executor is a citizen or subject), executor of the last will and testament of ( insert name and last 
residence of inventor), late a citizen (or subject, and state of what country the inventor was a citizen or 
subject), deceased, as by reference to the duly certified copy of letters testamentary, hereto annexed, will 
more fully appear, prays that Letters Patent may be granted to him for the invention of the said (insert 



30 FORMS. 

name of inventor), for a {insert title of invention), set forth in the annexed specification ; and he hereby 
appoints William E. Richards, and William W. White, doing business under the name and style of 
Richards & Co., of the city, county and State of New York, and of Washington, D. C, his attorneys, with 
full power of substitution and revocation, to prosecute this application, to make alterations and amend- 
ments therein, to receive the Patent, and to transact all business in the Patent Office connected therewith. 

(Signature.) 

SPECIFICATION. 

To all whom it may concern : 

Be it known that (insert name of inventor), who was a citizen of (or subject of, and state of what 
country he -was a citizen or subject), and a resident of (insert last residence), but is now deceased, did in- 
vent a certain new and useful (insert title of invention, and if any foreign patents have been obtained 
&dd the words for which patents have been obtained in and proceed to specify the countries in which such 
patents have been obtained, stating the number and date of each), of which the following is a full, clear 
and exact specification. 
(Here proceed with the specification and claims as in other cases.) 

Witnesses : (Signature of Executor.) 

(Signatures of two witnesses.) Executor of the estate of (insert name of 

deceased inventor) deceased. 

Note.— All the executors, if there be more than one, should join in the application, and in exe- 
cuting the documents. 

Oath. 

The form is precisely the same as for an administrator, except that he " deposes and says he is the 
executor of the last will and testament of '" instead of " administrator of the estate ot, " in the first few 
lines of the document. 

REVOCATION OF POWER OF ATTORNEY, AND APPOINTMENT OF NEW 
ATTORNEY. 

To the Commissioner of Patents : 

The undersigned, having on or about the (insert date) appointed (insert narne and address of attor- 
ney whose power is to be revoked), his attorney to prosecute an application for Letters Patents for (insert 
title of invention), which application was filed in the Patent Office on or about (insert filing date), 
serial number (insert serial number), hereby revokes the power of attorney then given, and appoints 
William E. Richards and William W. White, doing business under the name and style of Richards & Co., 
of the city, county and State of New York, and of Washington, D. C, his attorneys, with full power of 
substitution and revocation, to rrosecute said application, to make alterations and amendments therein, 
fo receive the Patent, and to transact all business in the Patent Office connected therewith. 

(Signature.) 

FORM FOR SUPPLEMENTAL OATH AS TO FOREIGN PATENTS. 
Supplemental Oath as to Foreign Patents. 

{Insert place of execution) ) 

-ss. 
(Insert name of country) I 

(Insert )iame of inventor), whose application for Letters Patent for an improvement in (insert title 
of invention) was filed in the United States Patent Office on or about the (insert date of filing), 
being duly sworn, deposes and says, that he is the applicant named in the application above de- 
scribed ; that he verily believes himself to be the original, first and sole inventor of the said improvements, 
and that the same have not been patented to him, or to others with his knowledge or consent, except in 
the following countries : (here insert the numbers and dates of all existing foreign patents, as for example : 
"Great Britain, No. 4715, dated June 4, 1880; France, No. 194,615, dated May 12, 1881, etc., as the case 
may be.) (Signature.) 

Sworn to and subscribed before me this (insert date.) 

(Signature of official administering Oath.) 

[Official Seal.] 

FORM OF SUPPLEMENTAL OATH TO ACCOMPANY A NEW OR AN ENLARGED CLAIM. 

Oath. 

(Insert place of execution) ) 

Vss. 
(Insert name of country .) ) 

(Insert name of inventor), whose application for Letters Patent for an improvement in (insert title 
of invention), serial number (insert serial number), was filed in the United States Patent Office on or about 
the (insert date of filing), being duly sworn, deposes and says that he verily believes himself to be the 
original, first and sole inventor of the improvement as described and claimed as follows : (here insert the 
claim or claims in question), in addition to that which was embraced in the claims originally made, and 
that he does not know and does not believe that the same was ever before known or used, and that the 
matter sought to be inserted formed a part of his original invention at the date of filing said applica- 
tion, and was invented by him before he filed the same. (Signature.) 

Sworn to and subscribed before me this (insert date.) 

(Signature of official adminstering the oath.) 

{.Official Seal.] 



FORMS. 31 

REISSUES. 

FORMS FOR APPLICATION FOR A REISSUE. BY AN INVENTOR. 

Petition with Power of Attorney. 

To the Commissoner of Patents : 

Your petitioner, {insert name of inventor), a citizen {or subject, and state 0/ what country the appli" 
cant is a citizen or subject), residing at {insert residence), prays that he may be allowed to surrender the 
Letters Patent for an improvement in {insert title of invention), granted to him {insert date of patent), 
whereof he is now sole owner {or, if the patent has been assigned, ivhereof {insert name of assignee) on 
whose behalf and with whose assent this application is made, is now sole owner, by assignment), and that 
letters patent may be reissued to him {or to the said [insert name of assignee'] ) for the same invention, 
upon the annexed amended specification. With this petition is filed an abstract of title, duly certified, as 
required in such cases. And your petitioner hereby appoints William E. Richards and William W. 
White, doing business under the name and style of Richards & Co., of the city, county and State of New 
York, and of Washington, D. C, his attorneys, with full power of substitution and revocation, to prosecute 
this application, to make alterations and amendments therein, to receive the Patent, and to transact all 
business in the Patent Office connected therewith. (Signature.) 

Note.— If the patent has been assigned, the assent of the assignee must be procured in the fol- 
lowing form : 

The undersigned, assignee of the entire {or if of an interest, here define it) interest in the above 
mentioned letters patent, hereby assents to the accompanying application. 

{Signature of assignee?) 

Oath. 

■{Insert place of execution) ) 

-ss. 
{Insert name of country) ) 

{Insert name of inventor), the above-named petitioner, being duly sworn, deposes and says that he 
does verily believe himself to be the original and first inventor of the improvement set forth and claimed 
in the foregoing specification, and for which improvement he solicits a patent ; that deponent does not 
know and does not believe that said improvement was ever before known or used; that deponent is a 
citizen {or subject, and state of what coicntry he is a citizen or subject), and resides at {insert residence) ; 
that deponent verily believes that the letters patent referred to in the foregoing petition and specification, 
and herewith surrendered, are inoperative (or invalid) for the reason that the specification thereof is de- 
fective {or insufficient), and that such defect {or insufficiency) consists particularly in {here insert a state- 
ment particularly specifying such defects or insufficiencies); and deponent further says that the errors 
which render such patent so inoperative (or invalid) arose from inadvertence (or accident, or mistake), 
and without any fraudulent or deceptive intention on the part of deponent ; that the following is a true 
specification of the errors which it is claimed constitute such inadvertence (or accident, or mistake), 
relied upon : (here recite the facts) ; that such errors so particularly specified arose (or occurred) as follows : 
■(state here how the errors arose or occurred) . (Signature of Inventor .) 

Subscribed and sworn to before me this {insert date). 

{Signature of official administering oath.) 

[Official Seal.] 

FORMS FOR APPLICATION FOR RE-ISSUE. BY THE ASSIGNEES. 

( To be used only when the inventor is dead.) 

Petition with Power of Attorney for a Re-issue. 

To the Commissioner of Patents : 

Your petitioners, (insert name of one assignee), a citizen (or subject, and state of what country he is a 
citizen or subject), residing at (insert place of residence), and (insert name of other assignee), a citizen {or 
subject, and state of what country he is a citizen or subject), residing at (insert place of residence), pray 
that they may be allowed to surrender the Letters Patent for an improvement in (insert title of invention), 
granted {insert date of patent), to {insert name of patentee), now deceased, whereof they are now owners 
by assignment of the entire interest, and that the Letters Patent may be reissued to them for the same in- 
vention, upon the annexed amended specification. With this petition is filed an abstract of title, duly 
certified, as required in such cases. Your petitioners hereby appoint William E. Richards and William 
W. White, doing business under the name and style of Richards & Co., of the city, county and State of 
New York, and of Washington, D. C, their attorneys, with full powers of substitution and revocation, 
to prosecute this application, to make alterations and amendments therein, to receive the Patent, 
and to transact all business in the Patent Office connected therewith. {Signatures.} 

Oath. 

{Insert place of execution) ) 

(Insert name of country) ) 



(Insert names, addresses, and citizenship of assignees), the above named petitioners, being duly sworn, 
depose and say that they verily believe that the aforesaid letters patent granted to (insert name of paten- 
tee) are (here follow allegations as in oath for reissue by inventor, the necessary changes being made to 
make them apply to the assignees, after which and before the signatures the following must be added): 
that the entire title to said letters patent is vested in them, and that they verily believe the said (insert 
name of patentee) to be the first and original inventor of the invention set forth and claimed in the fore- 
going amended specification, and that the said {insert name of patentee) is- now deceased. 

(Signatures of assignees.) 

Sworn to and subscribed before me this (insert date). 

(Signature of official administering oath.) 

[.Official Seal.] 



32 FORMS. 

DISCLAIMER. 

FORM FOR DISCLAIMER AFTER ISSUE OF PATENT. 

Disclaimer. 
To the Commissioner of Patents : 

Your petitioner, (insert name of disclaimant), a citizen (or subject, and state of what country he is a 
citizen or subject), residing at (insert residence), represents that in the matter of a certain improvement 
in (insert title of invention), for which letters patent of the United States No. (insert number of patent) 
were granted to (insert name of patentee) on the (insert date of patent), he is the (here set forth the exact 
facts as to the interests in said patent owned by the disclaimant; if he is the assignee, state the liber and 
page where assignment is recorded), and that he has reason to believe that through inadvertance (or acci- 
dent or mistake) the specification and claim of said letters patent are too broad, including that of which 
the patentee was not the first inventor. Your petitioner, thereiore, hereby enters his disclaimer to that 
part of the claim in said specification which is in the following words, to wit : (here recite the part dis- 
claimed.) 

(Signature.) 
Witness: 
(Signature of Witness.) 

INTERFERENCE. 

FORM OF PRELIMINARY STATEMENT IN INTERFERENCE FOR A FOREIGN INVENTOR. 

Statement in Interference. 

(Preliminary Statement of Foreign Inventor?) 

Interference in United States Pateni Office ( 

No 1 

Preliminary Statement of ( 

(Insert name of inventor.) \ 

(Insert name and residence of inventor), being duly sworn, doth depose and say that he is a 
party to the interference declared by the Commissioner of Patents (insert date of the declaration of 
interference), between his application for patent filed (Insert date of filing), serial number (insert serial 
number), and the (state whether application or patent) of (insert name of opponent), No. (insert number), 
for (insert title of invention); that he made the invention set forth in the declaration of interference, 
being at that time in (insert name of place); that patents for such invention were applied for and ob- 
tained as follows: (here insert the dates of all applications for foreign patents that have been made, 
together with the numbers and dates of each patent, as for instance: " Application filed in Great Brit- 
ain, December 4th, 1888, patent numbered 24,0yd of 1 888, and dated December 4th, /8S8," etc., etc. If a 
patent has not been obtained in any country it should be so stated.) 

That such invention was fully described in: (Here set forth any publications of the invention, giving 
the dates, and stating where such publications appeared, and when and where such publications were 
introduced into the United States, if at all. If the invention was never described in a publication it 
should be so stated.) 

That knowledge of such invention was introduced into the United States under the following circum- 
stances : On (insert date), the said (name of inventor) wrote a letter to (insert name) , residing at 
(insert residence), describing such invention, and soliciting his services in procuring a patent therefor in 
the United States. ' Here proceed to recite the facts, showing to whom in the United States knowledge of 
the invention was disclosed for the purpose of making application for patent therefor; the earliest 
date upon which such knowledge of the invention was introduced into the United States, etc. 

If the invention has been manufactured in the United States, state when, and to -whom the ap- 
plicant first wrote to secure such manufacture, and also whether the invention has been described in trade 
circulars in the United States, the date, etc., and any other information that will show when and where 
the invention was first introduced into or disclosed in the United States. If the invention has not been 
introduced into the United States otherwise than by the application papers, it should be so stated.) 

(Signature.) 
Subscribed and sworn to before me this (insert date). 

(Signature of Official administering oath.) 

[Ojficial Seal.] 

Note.— This statement must be subscribed and sworn (or affirmed) to before a Notary Public, or 
a Diplomatic or Consular Officer of the United States, who must in all cases affix his official seal. 

ASSIGNMENTS. 

FORM OF ASSIGNMENT TO ACCOMPANY AN APPLICATION FOR PATENT WHEN IT 
IS DESIRED THAT THE PATENT SHALL ISSUE TO AN ASSIGNEE. 

Assignment. 

Whereas I, (insert name of inventor), of (insert residence of inventor) , have invented a certain new 
and useful (insert title of invention), for which I am about to make application for letters patent of the 
United States therefor. 

And Whereas, (insert name of assignee), of (insert residence of assignee), is desirous of acquiring an 
interest in said invention, and in the letters patent to be obtained therefor : 

Now, therefore, to all whom it may concern, be it known that for and in consideration of the sum of 
(insert consideration) , to me in hand paid, the receipt of which is hereby acknowledged, I, the said (insert 
name of assignor), have sold, assigned, and transferred, and by these presents do sell, assign, and transfer 
unto the said (insert name of assignee), all my right, title and interest in and to the said invention, as fully 
set forth and described in the specification prepared and executed by me on the (insert date of execution 



FORMS. 33 

of application), preparatory to obtaining letters patent of the United States therefor : and I do hereby 
authorize and request the Commissioner of Patents to issue the said letters patent when granted to the 
said {insert name of assignee). 

In testimony whereof I have hereunto set my hand and affixed my seal this (insert date). 

(Signature of Inventor.) [seal.] 

In presence of 
{Signatures of two witnesses.) 

FORM OF ASSIGNMENT OF PARTIAL INTEREST, WHERE APPLICATION HAS BEEN 
FILED, WITH REQUEST TO ISSUE PATENT TO INVENTOR 
AND ASSIGNEE JOINTLY. 
Assignment. 

Whereas I, (insert name of inventor), of (insert residence of inventor), have invented a certain new 
and useful (insert title of invention), for which I have made application for letters patent of the United 
States therefor, said application having been filed in the United States Patent Office on or about (insert 
date upon which application was filed), serial number (insert serial number of applicatioti). 

And Whereas, (insert name of assignee), of (insert residence of assignee)', is desirous of acquiring an 
interest in said invention, and in the letters patent to be obtained therefor : 

Now, therefore, to all whom it may concern, be it known, that for and in consideration of the sum of 
(insert consideration), to me in hand paid, the receipt of which is hereby acknowledged, I, the said (insert 
name of inventor) , have sold, assigned, and transferred, and by these presents do sell, assign, and transfer 
unto the said (insert name of assignee), an undivided one-half part of the whole right, title and interest in 
and to the said invention, and in and to the letters patent to be obtained therefor, and I do hereby 
authorize and request the Commissioner of Patents to issue the said letters patent when granted to me 
and to the said (insert name of assignee), jointly. 

In testimony whereof I have hereunto set my hand and affixed my seal this (insert date), at (insert 
place of execution). 

In presence of (Signature.) [seal.] 

(Signatures of two witnesses.) 

FORM OF ASSIGNMENT, AFTER ISSUE OF PATENT. 

Assignment. 

Whereas I, (insert name and address of patentee), did obtain letters patent of the United States of 
America, for an invention entitled (insert title of invention), which letters patent are numbered (insert 
number of patent), and bear date the (insert date of patent). 

And Whereas, (insert name and address of assignee) , is desirous of acquiring an interest in the same : 

Now, Therefore, to all whom it may concern, be it known that for and in consideration of the sum of 
(insert consideration), to me in hand paid, the receipt of which is hereby acknowledged, I, the said (insert 
name of assignor), have sold, assigned, and transferred, and by these present do sell, assign and transfer 
unto the said (insert name of assignee), all my right, title, and interest (or an undivided one-half interest, or 
whatever interest may be assigned, as the case may be), in and to the said invention ,and in and to the 
letters patent therefor aforesaid: the same to be held and enjoyed by the said (insert name of assignee) , 
for his own use and behoof, and for the use and behoof of his legal representatives and assigns, to the full 
end of the term for which said letters patent are or may be granted, as fully and entirely as the same would 
have been held and enjoyed by me had this assignment and sale not have been made. 

In testimony whereof I have hereunto set my hand and affixed my seal at (insert place of execution), 
this (insert date). 

In presence of (Signature.) [seal.] 

(Signatures of two witnesses.) 

CAVEATS. 

(Sec body of book for detailed information.) 

Note. — Only citizens of the United States, or aliens who have resided in the United States 
for one year next preceding the filing of the caveat, and who have declared their intention to 
become citizens of the United States, are entitled to file caveats. 

Form of Petition with Power of Attorney. 
To the Commissioner of Patents: 

The petition of (insert name of petitioner), a citizen of the United States (or if a resident alien recitf 
the facts in accordance with the above note), residing at (insert residence), represents : 

That he has made certain improvements in (insert title of invention), and that he is now engaged in 
making experiments for the purpose of perfecting the same, preparatory to applying for letters patent 
therefor. He therefore prays that the subjoined description of his invention may be filed as a caveat in 
the confidential archives of the Patent Office. 

And he hereby appoints William E. Richards and William W. White, doing business under the name 
and style of Richards & Co., of the city, county and State of New York, and of Washington, D. C, 
his attorneys, with full power of substitution and revocation, to prosecute this application, to make altera- 
tions and amendments therein, and to transact all business in the Patent Office connected therewith. 

(Signature.) 
Specification. 
To the Commissioner of Patents : 

Be it known that I, (insert name of caveator) , a citizen of the United States (or if a resident alien re- 
cite the facts in accordance with the above note), and residing at (insert residence), having invented (insert 
title of invention), and desiring further to mature the same, file this my caveat therefor, and pray pro- 
tection of my right until I shall have matured my invention. 

The following is a description of my invention, which is as full, clear, and exact as I am able at this 
time to give, reference being had to the drawing hereto annexed. 

(Here insert a description of the invention. It is not necessary to append claims to a caveat.) 

Witnesses : (Signature of Caveator.) 

(Signatures of two witnesses.) 



FORMS. 



{Insert j>lace of execution) ) 

Vss. 
{Insert name of country) ) 

{Insert name of caveator), the above named petitioner, a citizen of the United States {or if a resident 
alien recite the facts in accordance with above note), and resident of {insert residence), being duly sworn, 
deposes and says that he verily believes himself to be the original and first inventor of the {insert title of 
invention), described in the foregoing specification. {Signature of Caveator.) 

Sworn to and subscribed before me this {insert date). 

{Signature of official administering oath.) 

\_Official Seal.] 

DESIGN PATENTS. 

(See body of book for detailed information^ 

DOCUMENTS REQUIRED. 
The documents required are the same as for other Patents. The forms for Speci- 
fications and Oaths are the same as for other patents, except that in reciting the title 
of the invention the words "a new and original design for" are to precede the title. 
The petition must state the term for which protection is asked, as follows : 

Form of Petition for Design Patent. 
To the Commissioner of Patents : 

Your petitioner, (insert name of 'inventor), a citizen of (or subject of, and state of what country he 
is a citizen or subject), residing at (insert residence), prays that letters patent may be granted to him for 
the term of (here insert the term asked for, whether three and one-half, seven, or fourteen years), for 
the new and original design for (insert title of invention), set forth in the annexed specification, and he 
hereby appoints William E. Richards and William W. White, doing business under the name and style of 
Richards & Co., of the city, county and State of New York, and of Washington, D. C, his at- 
torneys, with full power of substitution and revocation, to prosecute this application, to make alterations 
and amendments therein, to sign the drawings, to receive the Patent, and to transact all business in the 
Patent Office connected therewith. (Signature of Inventor.) 

TRADE MARKS. 

(See body of book for detailed information.) 

DOCUMENTS REQUIRED FOR AN APPLICATION, 
i. Letter of Advice and Power of Attorney signed by the owner of the trade 
mark. No witnesses or legalization required. 

2. Statement or specification of the trade mark, signed by the owner of the trade 
mark and two witnesses. No legalization required. 

3. Declaration signed and sworn to by the owner of the trade mark if the owner 
be an individual; by a member of the firm, if the owner be a firm; by an officer of the 
corporation, if the owner be a corporation. The oath must be sworn to before a No- 
tary Public or a Consular Officer of the United States, who must in all cases affix his 
official seal. 

4. A Drawing, made in accordance with the rules prescribed for drawings for 
mechanical patents. If for any reason the drawing does not satisfactorily illustrate 
the trade mark, three or more fac-similes of the trade mark as it is actually used 
should be forwarded with the drawing. These need not be signed or legalized in any 
way. Only two such fac-similes are required to be filed in the Patent Office, but at 
least one additional copy, and preferably more, should be forwarded for our use in 
prosecuting the application. 

SPECIAL DIRECTIONS. 
Delays and expense will be avoided if Patent Agents will see that their applica- 
tions conform to the rules in the following particulars : 

1. The statement or specification of the trade mark must state the date since when 
the trade mark has been used continuously by the applicant; the class of merchandise 
to which it is appropriated, as well as the particular goods on which it is used, and 
how applied. 

2. The declaration must name one or more foreign nations or Indian tribes be- 
tween which and the United States the trade mark is used. 

3. The drawing furnished must comply in all respects with the rules prescribed for 
drawings for patents. The fac-similes sent should all be alike, and should be upon 
flexible paper. 

4. If the applicant be a firm, the name of the firm should be signed to the Letter 
of Advice and the Statement, but the Declaration should be signed by a member of 
the firm, for the firm. 

5. If the applicant be a corporation, the name of the corporation should be signed 
to the Letter of Advice, and the Statement, but the Declaration should be signed by one 
of the principal officers of the Corporation in his own name, stating his title of office. 
The seal of the Corporation should be affixed to authenticate his signature. 



FORMS. 35 



FORMS FOR APPLICATION. BY AN INDIVIDUAL. 

Application for the Registration of a Trade Mark. 

letter of advice with power of attorney. 

To the Commissioner of Patents : 

The undersigned presents herewith a fac-simile of his lawful trade mark and requests that the same, 
together with the accompanying statement and declaration, may be registered in the United States 
Patent Office, in accordance with the law in such cases made and provided; and he hereby appoints 
William E. Richards and William W. White, doing business under the name and style of Richards & 
Co., of the city, county and State of New York, and of Washington, D. C, his attorneys, with full power 
of substitution and revocation, to prosecute this application, to make alterations and amendments therein, 
to receive the Certificate of Registration, and to transact all business in the Patent Office connected 
therewith. (Signature?) 

Statement. 

To all whom it may concern : 

Be it known that I. (insert name of applicant), a citizen of (or subject of, and state of what country 
he is a citizen or subject), residing at (insert residence), and doing business at (insert business address, 
naming- street and number), have adopted for my use a trade mark for (insert name of goods upon which 
trade mark is used), of which the following is a full, clear and exact specification : 

My trade mark consists of (state of what the trade mark consists). This has generally been arranged 
as shown in the accompanying fac-simile, which represents (here insert a complete description of the 
trade mark, describing in detail all of its parts and features). 

The essential feature of my trade mark is (here name the essential features of the trade mark 
claimed). This trade mark I have used continuously in my business since (insert date since when the 
trade mark has been continuously used). The class of merchandise to which this trade mark is appropri- 
ated is (here name such class), and the particular description of goods comprised in said class upon which 
I use it is (here name the particular goods or commodities upon which it is used). It is my practice to 
my trade mark by (here state the manner in which the trade mark is applied). 

In witness whereof I have hereunto set my hand in presence of two witnesses. 

(Signature.) 



apply 



Witnesses: 

(Signatures of two Witnesses. 



Declaration. 



{Insert place of execution.) ) 

Vss. 
(Insert name of country.) ) 

(Insert name of applicant), being duly sworn, deposes and says that he is the applicant named in the 
foregoing statement ; that he verily believes that the foregoing statement is true ; that he has at this 
time ?. right to the use of the trade mark therein described ; that no other person, firm or corporation has 
the right to such use, either in the identical form or in any such near resemblance thereto as might be 
calculated to deceive ; that it is used by him in commerce between the United States and foreign nations 
or Indian tribes, and particularly with (here name one or more foreign countries or Indian tribes or both, 
bettveen which and the United States it is used in co7nmerce) ; and that the description and fac-similes 
presented for record truly represent the trade mark sought to be registered. 

(Signature.) 

Sworn and subscribed before me, a (insert title of officer before whom the declaration is made), 
this (insert date). 

(Signature of official adminstering oath.) 

\_Official Seal.} 

FORMS FOR APPLICATION. BY A FIRM. 

Application for the Registration of a Trade Mark. 

letter of advice with power of attorney. 

To the Commissioner of Patents : 

The undersigned present herewith a fac-simile of their lawful trade mark and request that the same, 
together with the accompanying statement and declaration, may be registered in the United States Patent 
Office, in accordance with the law in such cases made and provided ; and they hereby appoint William 
E. Richards and William W. White, doing business under the name and style of Richards & Co., of the 
city, county and State of New York, and of Washington, D. C, their attorneys, with full power of sub- 
stitution and revocation, to prosecute this application, to make alterations and amendments therein, to 
receive the Certificate of Registration, and to transact all business in the Patent Office connected there- 
with. (Signature of Firm.) 

Statement. 
To all whom it may concern : 

Be it known that we, (insert name of firm), a firm domiciled in (state place of domicile), and doing 
business at (insert business address, naming street and number), have adopted for our use a trade mark 
for (here insert name of goods upon which the trade mark is used), of which the following is a full, clear, 
and exact specification : 

Our trade mark consists of (state of what the trade mark consists). This has generally been 
arranged as shown in the accompanying fac-simile, which represents (here insert a complete description 
of the trade mark, describing in detail all of its parts and features). 

The essential feature of our trade mark is (here name the essential features claimed). 

This trade mark has been used continuously in business by us and those from whom we derive our 
title since (insert date since when the trade mark has been continuously used). The class of merchandise 



36 #ORMS. 

to which this trade mark is appropriated is {here name such class), and the particular description of goods 
comprised in such class on which it is used by us is (here name the particular goods or commodities upon 
-which it is used). It has been our practice to apply our trade mark by (here state the manner in which 
the trade mark is applied). 

In witness whereof we have hereunto set our hands in presence of two witnesses. 

(Signature of Firm.) 
Witnesses : 
(Signatures of two witnesses.) 

Declaration. 

(Insert place of execution.) ) 

Vss. 
(Insert name of country?) ) 

(Insert the name of the member of the firm who makes the declaration), being duly sworn, deposes 
and says that he is a member of the firm, the applicant named in the foregoing statement; that he verily 
believes that the foregoing statement is true; that the said firm has at this time a right to the use of the 
trade mark therein described; that no other person, firm, or corporation has the right to such use, either in 
the identical form or in any such near resemblance thereto as might be calculated to deceive; that the 
trade mark is used by the said firm in commerce between the United States and foreign nations or Indian 
tribes, and particularly with (here name one or more foreign nations or Indian tribes or both, between 
which a?id the United States it is used in commerce), and that the description and facsimiles presented for 
record truly represent the trade mark sought to be registered. 

(Sign.at21.re of the member of the firm who makes the declaration?) 
Sworn and subscribed before me, a (state official ) 

title of officer administering oath.) > 

this (insert date.) ) 

[Official Seal.'] (Signature of official administering oath.) 

FORM OF APPLICATION. BY A CORPORATION. 

Application for the Registration of a Trade Mark, 
letter of advice with power of attorney. 

To the Commissioner of Patents : > 

The undersigned presents herewith a fac-simile of its lawful trade mark and requests that the same, 
together with the accompanying statement and declaration, may be registered in the United States Pat- 
ent Office, in accordance with the law in such cases made and provided ; and it hereby appoints William 
E. Richards and William W. White, doing business under the name and style of Richards & Co., of the 
city, county and State of New York, and of Washington, D. C, its attorneys, with full power of substitu- 
tion and revocation, to prosecute this application, to make alterations and amendments therein, to receive 
the Certificate of Registration, and to transact all business in the Patent Office connected therewith. 

(Signature of Corporation? 

Statement. 
To all whom it may concern : 

Be it known that the (insert name of corporation), a corporation organized under the laws of (state 
under what laws the corporation is organized), and located in (state where located), and doing business 
in (state business address of corporation, giving street and mtiuber), has adopted for its use a trade mark for 
(state goods upon which trade mark is tised), of which the following is a full, clear and exact specifica- 
tion : 

The trade mark of said company consists of (state of what the tj-ade mark consists). This has generally 
been arranged as shown in the accompanying fac-simile, in which (here insert a complete description of 
the trade mark, describing in detail all of its parts and features). 

The essential features of the said trade mark are (here name the essential features claimed). 

This trade mark has been continuously used by said corporation since (state date since when the trade 
mark has been continuously used). The class of merchandise to which this trade mark is applied is (state 
class), and the particular description of goods comprised in such class on which it is used by the said com- 
pany is (here name the goods or commodities upon which if is used). It is usually (here state how the trade 
mark is applied or affixed?) (Signature of Corporation.) 

Witnesses: By (Signature of official signing same.) 

(Signattires of two witnesses?) ( Title of official who signed.) 



{Seal of Corporation?] 



Declaration. 



(Insert place of execution) . 
(Insert name of country). . 



(Insert name of the officer of the corporation \who makes the declaration), being duly sworn, deposes 
and says that he is (state his title of office) of the corporation, the applicant named in the foregoing statement; 
that he verily believes that the foregoing statement is true; that the said corporation has at this time a right 
to the use of the trade mark therein described; that no other person, firm or corporation has the right to such 
use, either in the identical form or in any such near resemblance thereto as might be calculated to deceive ; 
that the trade mark is used by said corporation in commerce between the United States and foreign nations 
or Indian tribes, and particularly with (here name one or more foreign nations or Indian tribes or both, be- 
tween which and the United States the trademark is used in commerce), and that the description and fac- 
similes presented for record truly represent the trade mark sought to be registered. 

(Signature of the officer of the corporation who makes the declaration.) 
[Seal of Corporation.] 

Sworn and subscribed before me, a (state official ) 

title of the person administering the oath) > (Signature of official administer i ng oat h .) 

this (insert date) ) 

[Official Seal.] 



Forms. 37 

labels and prints. 

(See body of book for detailed information.) 

DOCUMENTS REQUIRED FOR APPLICATIONS. 

1. Application for Registration signed by the owner of the label or print. 
No witnesses or legalization required. 

2. Six Copies of the Label or Print. These need not be signed or legalized 
in any way. The Patent Office only requires five copies, but at least one additional 
copy should be furnished for our own use in prosecuting the application. 

FORM OF APPLICATION. BY AN INDIVIDUAL. 

To the Commissioner of Patents : 

The undersigned, (insert name of applicant), of (insert residence), and a citizen of (or subject of and 
state of what country he is a citizen or subject), hereby furnishes five copies of a label (or print, as the 
case may be), to be used for (state use of label or print), of which he is the sole proprietor. The title of 
said label (or print) is (insert title), and the said label (or print) consists of the words and figures as fol- 
lows, to wit: {here insert a fill description of the label or print). 

Aid he hereby requests that the said label (or print) be registered in the'_Patent Office, in accordance 
with the Act of Congress to that effect, approved June 18, 1874. 

And he hereby appoints William E. Richards and William W. White, doing business under the name 
and style of Richards & Co., of the city, county and State of New York, and of Washington, 
D. C, his attorneys, with full powers of substitution and revocation, to prosecute this application, to 
make alterations and amendments therein, to receive the Certificate of Registration, and to transact all 
business in the Patent Office connected therewith. 

(Signature.) 

(Insert place and date of execution). Proprietor. 

FORM OF_APPLICATION. BY A FIRM. 

To the Commissioner of Patents : 

The undersigned, (insert name of firm), a firm domiciled in (insert domicile), and doing business at 
(insert business address, giving street and number), hereby furnishes five copies of a label (or print, as 
the case may be), to be used tor (state use of label or print), of which they are the sole proprietors. The 
title of said label (or print) is (insert title), and the said label (or print) consists of the words and figures 
as follows, to wit -—(here insert a full description of the label or print). 

And they hereby request that the said label (or print) be registered in the Patent Office, in accord- 
ance with the Act of Congress to that effect, approved June 18, 1874. 

And they hereby appoint (insert power of attorney in the same form as given above, in form of appli- 
cation by an individual). 

(Signature of firm). 

(Place and date of execution.) Proprietors. 

FORM OF APPLICATION. BY A CORPORATION. 

To the Commissioner of Patents : 

The applicant, a corporation created by authority of the laws of (state under what law corporation 
was organized) , and doing business at (insert business address, giving street and number, city and 
country), hereby furnishes five copies of a label (or print, as the case may be), to be used for (state use of 
label or print), of which it is the sole proprietor. The title of said label (or print) is (insert title), and 
the said label (or print) consists of the words and figures as follows, to wit; (here insert description of 
label or print). 

And it is hereby requested that the said label (or print) be registered in the Patent Office, in accord- 
ance with the Act of Congress to that effect, approved June 18, 1874. 

And it hereby appoints (insert power of attorney in the same form as given above, in form of applica- 
tion by an individual). 

(Place and date of execution.) 



(Signature of corporation .) 
' il signing same.) 
>f official sign ing. ) 



By (signature of official signing same.) 
(Title of of ' 



[Seal of corporation.] 

COPYRIGHTS. 

(See body of book for detailed information?) 
DOCUMENTS REQUIRED FOR APPLICATION. 

1. Application for Registration, signed by the applicant. No witnesses or legaliza- 
tion required. 

2. Two Printed Copies of the Title of the Book. No signatures or legalization 
required. Only one copy is required to be filed with the Librarian, but we should be furnished 
with at least one additional copy for use in our office. 

FORM OF APPLICATION. 

To the Librarian of Congress, Washington, D. C: 

The undersigned, (insert nauie of applicant), a citizen of (or subject of, and sta f e of what country he 
is a citizen or subject), and resident of (insert residence), presents herewith a printed copy of the title of a 
(state whether a book, map, chart, dramatic or musical composition, or whatever the work may be), for 
which he desires copyright protection in accordance with the law in such cases made and provided. 



3S 



FORMS. 



He claims the right to such copyright protection as the {state -whether he claims as author, designer, 
or proprietor) of the work, the printed title of which is presented herewith, and he hereby appoints 
William E. Richards and William W. White, doing business under the name and style of Richards & Co., 
of the city, county and State of New York, and of Washington, D. C, his attorneys, with full powers of 
substitution and revocation, to prosecute this application, to pay all fees required by law, to receive the 
Certificate of Registration, and to transact all business relating thereto. 

(Signature.) 

(Place and date of execution:) 

TO COMPLETE THE COPYRIGHT. 

Three Copies of the Work should be furnished us in sufficient time so that we may 
file the copies required by law at a day not later than the day of publication in any country. 
Only two copies are required to be filed with the Librarian, but we would request that at 
least one additional copy be furnished us for our use and to complete our files. 

SCHEDULE OF GOVERNMENT FEES. 

All fees payable are required to be paid in advance — that is, upon making any application for any 
action for which a fee is payable. 

PATENTS AND DESIGN PATENTS. 

The following is the schedule of fees and of prices of publications, etc., of the Patent Office : 

On filing each original application for a design patent for three years and six months $10 oo 

< )n filing each original application for a design patent for seven years 15 00 

( )n filing each original application for a design patent fnr fourteen years 30 00 

On allowance of an application for a design patent, no further charge. 

On filing each caveat 10 00 

On filing each original application for a patent 15 00 

On allowance of an original application for a patent, except in design cases 20 00 

On filing disclaimer 10 oc 

On filing every application for the reissue of a patent 30 00 

On filing each application for a division of a reissue 30 00 

On allowance of an applicati n for the reissue of a patent, no further charge. 

On filing every application for an extension of a patent 50 00 

On the granting of every extension of a patent 50 00 

On filing an appeal for the first time from a primary examiner or the examiner of interferences to 

the examiners-in-chiei 10 00 

On filing every appeal from the examiners-in-chief to the Commissioner 20 00 

For manuscript copies of records in the English language, for everyone hundred words or frac- 
tion thereof 10 

If certified, for the certificate, additional , 25 

For copies of drawings not in print, the reasonable cost of making them. 

For uncertified copies of the specifications and accompanying drawings of ail patents which are 

printed, per copy ' 10 

For twenty coupon orders, each coupon good until used for one copy of a printed specification 

and drawing 2 00 

For certified copies of printed patents : 

For specification and drawing, per copy , 10 

For the certificate 25 

For the grant 50 

For the specification, if not in print, for every one hundred words or fraction thereof 10 

For the drawings, if in print 10 

For the drawings, if not in print, the reasonable cost of making them 

For certifying to a duplicate of a model 50 

For abstracts of title to patents or inventions : 

For the certificate of search 1 00 

For each brief from the o igest of assignments 20 

For copies of matter in any foreign language, for every one hundred words or a fraction thereof.. 20 

For translation, for every one hundred words or fraction thereof 50 

For recording every assignment, agreement, power of attorney, or other paper, of three hundred 

words or under 1 00 

For recording every assignment, agreement, power of attorney, or other paper of over three hun- 
dred words and under one thousand words 2 00 

For recording every assignment, agreement, power of attorney, or other paper of over one thou- 
sand words : 3 00 

For assistance to attorneys and others in the examination of records, one hour or less 50 

For each additional hour or fraction thereof 50 

For assistance to attorneys in the examination of patents or other matter in the scientific library, 

one hour or less 1 00 

Each additional hour or fraction thereof 1 00 

For subscription to the Official Gazette, published every Tuesday, all subscriptions to commence 
with the beginning of a volume, none being taken for a less period than three months, and 
there being no club rates or discount to newsdealers, as follows: To all subscribers within 

the United States and Canada, one year 5 00 

To foreign subscribers, except in Canada 7 00 

Single numbers 10 

For bound volumes of the Official Gazette : 

Semi-annual volumes, from January 1, 1872, to June 30, 1 883, full sheep binding, per volume. 4 00 
Semi-annual volumes, from January 1, 1872, to June 30, 1883, half sheep binding, per vol- 
ume 3 50 

Quarterly volumes subsequent to July 1, 1883, full sheep binding, per volume 2 75 



FORMS. 39 

For the annual index — lists of patentees and inventions, alphabetically arranged, with date of pat- 
ent, number, etc. , from January, 1872 — one volume each year, full law binding, per volume ... 2 00 

In paper covers, per volume 1 00 

For the general index — a list of inventions patented irom 17(30 to 1873, with the name of inventor, 

residence, date of patent, number, etc. — three volumes full law binding, per set 10 00 

For the index from 1790 to 1836— a list of inventions patented from 1790 to 1836, photolithographed 

from Patent Office Reports— one volume, full law binding 5 00 

For the monthly volumes, containing the specifications and photolithographed copies of the draw- 
ings of all patents issued during the month, certified, bound full sheep, per volume 12 00 

For the monthly volumes, containing the specifications and photolithographed copies of the draw- 
ings of all patents issued during the month, certified, bound half sheep, per volume 10 00 

For the index to patents relating to electricity, granted by the United States prior to June 30, 1882. 

one volume, two hundred and fifty pages, bound .• 5 °° 

In paper covers 3 °° 

Annual appendixes for each fiscal year subsequent to June 30, 1882, paper covers 1 50 

For Commissioners' Decisions: 

For i86g-'7o-'7ii bound in one volume, full law binding 2 00 

For i872-'73-'74, bound in one volume, full law binding 2 00 

For i875-'76, bound in one volume, with decisions of United States courts in patent cases, 

full law binding 2 00 

For i87s-'76, bound in paper covers 1 00 

For i877-'78-'7g-'8o-'8i-'82.'83, one volume each year , with decisions of United States courts, 

full law binding, per volume 2 00 

For i877-'78-'79-'8o-'8i-'82-'83, bound in paper covers 1 00 

Pamphlet of the Rules of Practice Free 

TRADE MARKS AND LABELS. 

On filing an application for registration of a trade mark $25 00 

On filing an application for registration of a label 6 00 

For assignments, copies of records, etc., the same as for patents 

COPYRIGHTS. 

For recording each copyright for citizens or residents of the United States $0 50 

For recording each copyright for an alien 1 00 

For certificate of copyright 5° 

For recording an assignment 1 00 

For a certified copy of any record of assignment 1 00 

For a copy of the record of any copyright entry 1 00 



LIBRARY OF CONGRESS m 

UI1111I111111W1 
029 942 115 6 



